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Mr. Lofton
Mr. Lofton, Lawyer
Category: Criminal Law
Satisfied Customers: 1291
Experience:  25 years experience
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If a school in New Jersey cannot contact a parent fast ...

Resolved Question:

If a school in New Jersey cannot contact a parent fast enough for them are they allowed to have a student academic counselor sign for my son to be questioned about marijuana possession without us present? My son was questioned before we got there. THe school was aware that my husband works nights and called my house 2 times. However once they were advised he was coming down he was questioned and given his miranda rights before my husband got there. He is a fourteen year old with ADHD and Seizure disorder. I don''t believe he understood his miranda rights. I feel the school should of waited for us HIS PARENTS. Not have the SAC for the school sign for us.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Mr. Lofton replied 9 years ago.

I agree the schol officials could have done better here. New Jersey law is that "whenever possible" a parent should be present for questioning, as opposed to "don't question unless a parent is present." So, you could sue, I suppose, but when you think about it and your anger subsides, you may think that it is a good thing that your son hit the wall here while he is still a minor - at worst he'll have a juvenile record, which is not a publlic record and which will not be a "Criminal record" when he becomes an adult - he'll now have 3 years to get himself away from the dark side, so to speak.

Best wishes to you and your family,


Mr. Lofton and 7 other Criminal Law Specialists are ready to help you
Customer: replied 9 years ago.
So does that mean a Student Assistance Counselor can sign for the Miranda rights to be read? She actually signed in my absence? I know what he did was wrong and I don't condone drugs, but she let him answer questions which I wouldn't have done. She did not have his best interest in mind.

I would have like to have called my attorney first.
Expert:  Mr. Lofton replied 9 years ago.
No that does not mean the school counsellor did right - she did wrong, I agree.