How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21390
Experience:  Handle criminal matters in both state and federal courts.
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

my son was involve in an altercation at school over a kid oweing

Customer Question

my son was involve in an altercation at school over a kid oweing him twenty dollars.
He was brought to the office and placed in a room until the police arrived.
When asked if he would speak to the officer by the vice pricipal he said that he would like to have a lawyer present or his dad present to represent him.
At witch time the vice principal said that if he didnt talk to the officer that he would look guilty after being asked sevral time by the vice pricipal to speak with the officer he broke down and agreed.
The officer was allowed into the room without any adult reprisentation. my son was not read his rights and the police officer assumed that the money was owed due to a drug deal and proceeded to sniff my sons backpack in an attemt to search it for probable cause to open it.
When i reached the school the police officer was in the room and made the statement that my son would be better off telling me what the situation was about rather from him telling me and at that time left the room without speaking to me or the V.P.
were his rights violated and do i have any recorce.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.
Hi

Once your son said he wanted an attorney, then all questioning should have ceased.

As to recourse, has he been charged with a crime?


Customer: replied 2 years ago.
should i seek a lawyer for this or are there other entities that would be better suited for this type of issue
Customer: replied 2 years ago.
Relist: Answer came too late.
Customer: replied 2 years ago.

reguardles of the fact that he was not charged with a crime were his rights violated?

Expert:  Samuel II replied 2 years ago.
Hi

Yes, his rights were violated. Once he requested an attorney to be present no questioning should have taken place.



If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21390
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 5 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
what would be the best course of action at this point
Expert:  Samuel II replied 2 years ago.
Hi

Well, that is why I was asking if he had charges, then I could have provided all answers together

If he has been charged based on something he has said or was discovered, of course, it would be inadmissible and therefore no probable cause.

I suggest you consider a consult with a local attorney to discuss any criminal charges that may be pending.

If there are no charges, then you can discuss a possible lawsuit against the school district.


If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck
Customer: replied 2 years ago.
is there any course of action against the police officer for entering the room without any adult or school employees in the room and basicly searching my sons backpack by sniffing it
Expert:  Samuel II replied 2 years ago.
Hi

The reason for the recourse is your son requested an attorney and was told he did not need one. The fact that the cop sat there and sniffed his back pack is of no significance. That would be legitimate, if your son had not requested an attorney to be present. In otherwords, even with an attorney present the cop could have sniffed the backpack.


If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck
Customer: replied 2 years ago.
i thank you for your time
Expert:  Samuel II replied 2 years ago.
Hi

Yes, you're welcome. Good luck with it all.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions