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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99498
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A kid at my sins Jr high threatened to kill him and hit him,

Customer Question

A kid at my sins Jr high threatened to kill him and hit him, can I press charges?
JA: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?
Customer: Tx It just happened. We will press charges
JA: Has anything been filed or reported?
Customer: I'm not sure, I'm on the way to school to find out
JA: Anything else you want the lawyer to know before I connect you?
Customer: This kid is in special Ed classes for some reason
Submitted: 21 days ago.
Category: Legal
Expert:  Ely replied 21 days ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is yes. Even if they are minors, a police report may be filed if someone threatens to hurt/kill someone else. So a police report may be filed, and then the police will investigate. The student may be referred to and charged in the juvenile justice system. The Court may also order a restraining order so he cannot come near the other child.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 21 days ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 21 days ago.
Thank you for the info, we are going to file a police report but not press charges because the school is going to transfer the other child out.
Expert:  Ely replied 21 days ago.
You have to understand that by filing a police report, this STARTS THE PROCESS ON PRESSING CHARGES. That is the whole point of filing a police report. Once that happens, the police eventually pass the claim unto the prosecutor who makes that decision. It would be out of the complaining witness' (yours) hands.
Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT that rating – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.

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