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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23545
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was under the influence of Marijuana at school and I

Customer Question

My son was under the influence of Marijuana at school and I was not called or notified I had to call the school to find out they had him in the office under the influence and he had been questioned by anaheim police
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Unfortunately, the general rule is that school authorities do not need to contact a parent before questioning a student with regard to a criminal incident or for turning that information over to the police and allowing a police officer to further interview him in school. This is not to say that he doesn't have rights or that there aren't exceptions to the general rule. But whether those rights were violated would be explored in court by your son's lawyer if he were charged with a criminal offense as a result of this incident.

Customer: replied 1 year ago.
Can I get the school in trouble for not contacting me?
Expert:  Zoey_ JD replied 1 year ago.

You can complain about it. But the lack of contact is a pretty settled area of law. There's no requirement that the school or the police must notify you.

Any statements your son made, however, would have to be voluntary in nature, and he'd have to be informed of his Miranda rights by school officials as well as the police. If your son asked for you to be present before answering questions, you still have no Constitutional right to be present at his questioning. However, if you were not called in and he went on to make statements anyhow, that may be evidence that the statements he made were not made voluntarily. Then you may be able to get the school in trouble for violating your son's civil rights.

Customer: replied 1 year ago.
I understand the part about the police questioning but shouldn't the school had contacted me before I had to call up there to find out about the situation they never called me my nephew who attends the school called me about 30 min after school was out and told me my son was in the office and that when I called up there to find out what happen
Customer: replied 1 year ago.
Should the school call me and let me know they have my 13 year old son in the principal office under the influence
Expert:  Zoey_ JD replied 1 year ago.

This was posted in California criminal law and your question asked about your son's right to be questioned without notification to you by the school and the police. That's a matter of US Supreme Court law and your state's interpretation of that law through criminal caslaw.

What you're asking now, is Education Law which is an entirely different specialty, and not my area of expertise. I suggest you post a separate question as to the school's duty under California education statutes to inform you that he's been removed from class for being under the influence.

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