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: 22594
Experience:  Handle criminal matters in both state and federal courts.
10707909
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

My daughter was involved in an altercation on the school bus

Resolved Question:

My daughter was involved in an altercation on the school bus last week. The police took statements from kids on the bus, there was also a video of the fight. How do I go about obtaining that "evidence". The school will not release it to me or allow me to view it because it involves other minors. I need this information in order to appeal the schools decision to suspend her as she has never been violent before.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Samuel II :

Hello

My name is XXXXX XXXXX I look forward to discussing this and providing information to you in this regard

So please tell me, the police have an ongoing investigation at this time?

Customer:

As far as I know, the investigation is over. My daughter has been suspended from school based on that investigation.

Customer:

hello

Customer:

My husband and I were in GA (we live in VA) for his grandmothers funeral. My daughter was questioned by both the police and the school principal without her parents. Is this legal?

Samuel II :

Hello

Samuel II :

It is legal for them to question her because she was not placed under arrest

Samuel II :

However, they should have told her she had a right to call a parent

Samuel II :

As to the tape, it is the school's property and the only way you could obtain it would be if you file a lawsuit against the school

Samuel II :

and then subpoenaed the tapes

Customer:

When I spoke to the principal Friday, I specifically told him she was not to be questioned without me or my husband present. She was at home that day, and my daughter (the one involved in the fight) and also my adult daughter with whom she was staying received numerous calls from the school demanding that my daughter be brought to school for questioning. After many harassing calls, my older daughter finally relented and took my younger daughter to school for questioning. Does the principal have the right to disregard my request that she not be questioned without parental consent or presence?

Samuel II :

Well, the parent have no legal obligation to take the child anywhere without a local attorney present

Samuel II :

However, the school is not breaking any laws by making a request that she be brought in.

Samuel II :

If they wanted to question her, and the parent would not participate, the option would have been to have the police arrest her.

Samuel II :

And even then she would have been entitled to not answer questions without a local attorney present

Samuel II :

As it stands, in the scenario you present, the school was just making a request regardless of how it appears to be a demand or harassing. Unfortunately, most parents do not understand that they never have to cooperate with anything that involves questioning

Customer:

She was brought in by my older daughter because the harassing phone calls did not stop. My husband and I were more than willing to comply with the school's request to bring her in for questioning, but we were 800 miles away, and would not be home until early Sunday morning. Do

Customer:

What course of action do I have to fight against a principal who would question a child when I specifically, in no uncertain terms, told him he was NOT to question her without me present?

Samuel II :

If you gave your daughter permission to bring the child in to be questioned, then you have no recourse. And that is what I understand you are saying. If I am wrong, please clarify this for me.

Customer:

No, I did not give my older daughter permission to bring her in. The harassing phone calls did not stop, even when I told the principal to stop calling my daughters and wait until Monday (today) to deal with me. So my daughter took her in.

Samuel II :

I see. That is unfortunate.

Samuel II :

So you are saying your one daughter took your other daughter in even though you told her not to?

Samuel II :

And she did that because the calls were annoying her?

Samuel II :

Here is the situation. Your daughter was under no legal obligation to answer any questions. If you told the principal to wait for your return he/she should not have continued to make calls to your home

Customer:

Yes, because the harassing phone calls from the school did not stop (she is an emergency contact). It was already a stressful situation for my older daughter. My younger daughter needed to go to the hospital to make sure she had no broken bones. My older daughter did what she felt she had to do so that my younger daughter could get the medical help she needed. The school demanded that Wraye bring Steph to school. She is only 21 and she's never been involved in something like this before. She felt that she had no choice,

Samuel II :

I suggest that under those circumstances if your daughter cooperated and answered questions you may consult with a local attorney to discuss a civil rights lawsuit against the school.

However, as I tried to explain, not knowing that you do not have to cooperate with questioning is no excuse. But a local attorney may see it differently and you may have a basis for the lawsuit

Samuel II :

It is unfortunate that your daughter felt so compelled by intimidation to bring your other daughter in. I am sorry that this happened. But there is nothing illegal about the school making the request. However, if you told them you were not in town and it needed to wait, morally the school should have waited for your return

Samuel II :

Legally, however, they did not have to.

Customer:

I specifically told him at 11:15am to stop calling Wraye. She continued to receive calls until well past 2:00pm, when she finally relented and took Steph to school, where she was questioned and told to sign statements and forms without her parents. Steph did so because she is an obedient, respectful, non-combative child.

Customer:

So, if I understand correctly, I really have no course of action against the school for totally disregarding parental requests to wait for our return, is this assumption correct?

Samuel II :

The principal was out of line. There is no doubt about that.

And if you told him to stop and you would get with him upon your return, then none of what was signed is legal.

Samuel II :

But the principal did not break any laws.

Samuel II :

However, there may be a civil rights case here

Samuel II :

And that would be because you said you were out of town and that your daugther should not be questioned without you present

Customer:

So the statement that she was coerced to write and sign is not legal. OK. How strongly do you believe that there might be a civil rights case? I felt all along that she should not have been questioned without me there.

Samuel II :

I think it is a good chance. As long as you are able to prove that you told the principal that you were out of town and if you can prove that his phone calls intimidated your other daughter to bring her in

Samuel II :

after you told him to stop

Samuel II :

Remember, you can probably get a free consult with a local attorney on the civil rights case. And they would take the matter on a contingency basis.

Customer:

All I have is the time and phone number of the school and the length of the call recorded on my cell phone. My daughters cell phones also have times and messages from the school recorded. I have no recordings or witnesses to what I told the principal because I was at the funeral home at the time.

Samuel II :

I understand. I am only providing information on what I suggest a local attorney will want to decide if they will take a case

Customer:

Thank you for your time and answers. I will consult with a local atty. It is difficult to do something like this when you have very limited resources.

Samuel II :

Well, remember that on a contingency you pay nothing up front to the attorney

Samuel II :

that fee is based on whatever settlement your daughter might get from the lawsuit

Samuel II :

And these schools are out of control with being power hungry and this is why they get sued time and time again

Samuel II :

So I suggest you consult with the local civil rights attorney and you can use the VA Bar Association for a legal referral service

Samuel II :

toll-free at 1-800-552-7977 or, in the Richmond area,(NNN) NNN-NNNN

Samuel II :

Tell them you need a local civil rights attorney

Samuel II :

They will give you a few to call and interview for your case

Customer:

I'm not looking for money. I want my daughter's good record restored and her readmitted to school. I also want the principal to suffer whatever consequences necessary to make certain he doesn't violate another students or parents rights. Will they take a case if I'm not in it for money?

Samuel II :

Yes. But not on a contingency basis.

Samuel II :

And so a fee might be about $3000 to $5000 but you can request the school pay your legal costs

Customer:

OK thank you

Samuel II :

You're welcome. And I am sorry to hear of the loss of your loved one

Samuel II :


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22594
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 10 other Criminal Law Specialists are ready to help you

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.
 
 
 
Chat Now With A Criminal Lawyer
Samuel II
Samuel II
4966 Satisfied Customers
Handle criminal matters in both state and federal courts.