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Old 01-25-2013, 04:23 PM
 
29 posts, read 41,234 times
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That is awesome for both you and your son.

I do have one more question. Is there any kind of statute as to how long they have to bring criminal charges? There was no police report done or anything so I am not sure how this would work.
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Old 01-25-2013, 04:29 PM
 
1,747 posts, read 2,441,583 times
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Quote:
Originally Posted by MCGINNIS2000 View Post
That is awesome for both you and your son.

I do have one more question. Is there any kind of statute as to how long they have to bring criminal charges? There was no police report done or anything so I am not sure how this would work.
That I have no idea. Again, a reason to consult a lawyer. We actually ended up with two attorneys as the family filed an assault charge (I'm talking about an old fashion schoolhouse fight here) so we needed that to prove it wasn't all one sided. We had that attorney, then as we got into the school stuff realized we needed a more specialized one for that.
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Old 01-25-2013, 07:07 PM
 
2,612 posts, read 4,592,385 times
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Quote:
Originally Posted by MCGINNIS2000 View Post
Thanks for the feedback about the Special Education. I really appreciate it. It has been really devastating to my family. Education is very imprtant to us and I don't just want to give up on my son because of a mistake he made. I know he has to face the consequences of his actions and we are making sure there are consequences at home as well. Right now it just seems like our world is coming to an end. But I know there are worse things that could happen.
I don't think your world is coming to an end - it's just hitting a very rough spot. I think it's actually pretty important that you let him know that it will be OK in the end and it's all just a nasty setback. Even if he gets expelled, he'll ultimately just need to take a little time off and go back when he can, to private or public depending on the district rules. Then he'll keep his nose very clean and graduate and be on with his life. It's horrible now, but it really will be in the past someday, and he's young enough for it not to affect the rest of his life.

If it were me, I'd just get the best lawyer I could afford and concentrate on finding the fastest way to him moving on with his life and graduating. In my district, that would mean attending a different school (expelled students are still required to attend school, but they have to go one town over or to an alternative school), but graduating all the same. Just get through it, and don't make the same dumb mistake again (like, maybe take the gun away for good?).
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Old 01-26-2013, 09:43 AM
 
29 posts, read 41,234 times
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We will get through it. We have a few good private schools in the area. I am just not sure they will take him with this on his record. The good thing is that the assistant principal did say that if we choose private school, to have them call him. He will tell them it was a mistake and my son has nothing else on his record and is a good kid. We will find somewhere that will take him so that he gets his high school diploma. It is just a bump in the road and a life lesson for him (and me).
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Old 01-26-2013, 10:09 AM
 
8,240 posts, read 14,905,680 times
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Originally Posted by flyonpa View Post
I would get a lawyer before you talk to the school. You need one who is not only good on Criminal law, but one who is also good on IDEA/IEP's and what that allows and does not. And school State laws/procedures, and local code of conducts.

He might be able to go to an alternative school, or complete his classes as a home based student. The superintendent / school board may be able to do a suspension also. But you will need to get a Lawyer involved at some point for the criminal code. So get him/her started NOW.
I second the lawyer idea. ASAP.
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Old 01-26-2013, 04:45 PM
 
Location: St Louis, MO
4,677 posts, read 4,596,624 times
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Quote:
Originally Posted by MCGINNIS2000 View Post
That is awesome for both you and your son.

I do have one more question. Is there any kind of statute as to how long they have to bring criminal charges? There was no police report done or anything so I am not sure how this would work.
Depends on the state you are in.
Most of this depends very heavily on the state you are in.

There should be a statute of limitations either on the specific charge or on felonies and misdemeanors in general.
Since the charges would probably be a misdemeanor, the statute of limitations to bring charges would likely be either 1 year or six months. Unlikely it would be anything less than six months. Depending on the local prosecutor, your son is probably relatively safe from criminal charges.

The issue is that the federal law involved here that could require expulsion also requires a referral to the juvenile justice system. Even without charges filed, this could make life even rougher for all of you. Again, a local lawyer might be able to help you avoid that part too.
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Old 01-26-2013, 07:01 PM
 
29 posts, read 41,234 times
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We talked to the assistant principal today and found out that there will be no criminal charges so I guess that is one hurdle. Now the hurdle of expulsion and juvenile system. We did find one private school that will take him as long as there is nothing else on his record (which there isn't). They said they know people make mistakes.
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Old 01-27-2013, 08:08 PM
 
634 posts, read 1,313,749 times
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This absolutely must vary by state. I teach in Wyoming, and every few weeks, we have a lockdown and they bring in drug and gun dogs. About a month ago, they found 2 hunting weapons in student vehicles on school property. Neither student was expelled; suspended for like 10 days.
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Old 01-28-2013, 08:53 AM
 
Location: St Louis, MO
4,677 posts, read 4,596,624 times
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Quote:
Originally Posted by wyolady View Post
This absolutely must vary by state. I teach in Wyoming, and every few weeks, we have a lockdown and they bring in drug and gun dogs. About a month ago, they found 2 hunting weapons in student vehicles on school property. Neither student was expelled; suspended for like 10 days.
The federal law is more complicated than just having the weapon on school property.
If the weapon is unloaded and secured for transport for the purpose of hunting, then you can be in the clear (not necessarily, but could be).
Unfortunately for the OP, the weapon was not secured for transport, so those exceptions will not apply.
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Old 01-28-2013, 01:57 PM
 
Location: North Beach, MD on the Chesapeake
32,149 posts, read 39,236,941 times
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Yeah, teachers even get in trouble if they forget and leave a shotgun in the trunk. Guess how I know. Or wear their hunting coat on a miserably icy late opening day and forget to take the shells out of the pocket.
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