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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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I live in Shreveport, LA. My neighbor boy was a participant

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I live in Shreveport, LA. My neighbor boy was a participant in a pushing exchange that escalated into a few punches at his high school. He is 17...the other boy was 16. Both were fingerprinted, arrested and were told that they will receive information on their court date. My neighbor was told that he will have to pay $250 and serve 30+ hours of community service. This will not apply to the other boy because he is a juvenile. When I researched this on the computer, I found that most states, including Louisiana, have the age of 18 designated as the legal age. The officer told me that since this high school has a no tolerance policy, this is the law and it is his job to enforce the law. There was no visit to the Principal's office or the Dean of Students' office...and the officer told my neighbor that he could have prevented the episode by walking (or running) away. My neighbor told the officer "Had I run, I would become an instant target for bullying." Is this action legal?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

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

Please clarify for me

1 - who arrested him?

2 - there is no court date, yet so the information you are given on penalty was from whom?

3 - were both boys charged?

Customer: replied 1 year ago.

The arresting officer's name isXXXXX Rawls gave out this information...I was present in the meeting as I went to pick up the boy because his mother is a domestic worker and could not get off. Both boys were charged. I heard the officer make a call and he reported the arrest of two boys and he gave the names.

Expert:  Sam replied 1 year ago.
Hello

Ok.

Well first of all, the officer is not the District Attorney or the Judge.

It is up to the District Attorney to decide who gets prosecuted and who does not and also what type of sentence might be appropriate. It also is up to a judge or a juvenile magistrate to decide if that sentence is going to be imposed.

So, I suggest, you not put too much credence into what this officer has said at this time.

If both have been charged, then the DA will review the matter. It could be the matter is dismissed as first time offenders, which means they each get probation and if nothing else happens, the matter goes away in about 1 year.


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..
Customer: replied 1 year ago.

Does a "no tolerance" policy have any legal credence?



Is it possible that the 17 yr. old neighbor boy can be considered an adult in this school situation if Louisiana recognizes 18 as the legal age?



Is there a website that you could recommend where I can find the law that Officer Rawls referred to?

Expert:  Sam replied 1 year ago.
Hello

The school's policy is what it is and so the punishment of a no tolerance could be a suspension etc

The state law is what it is and as such there has to be due process for there to be a conviction as I described above. And as state law, the 17 year old would be treated as a juvenile - not an adult - in this type of crime.

The possible penalty for a minor assault by an "adult" is a possible 90 days in jail and a fine not to exceed $200. But that has nothing to do with a school policy and the police officer will not know what that court will do.

So as I stated the fact that he is a juvenile may result in a probation which could include community service. I suggest a fine can be waived if the parents cannot afford it and that can be negotiated with the District Attorney.


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..
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22565
Experience: 20 years of experience practicing law.
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