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my 14 y/o son was horse playing in class and kicked another…

my 14 y/o son was...
my 14 y/o son was horse playing in class and kicked another kid in the groin, he was sent to the office and the next morning receive swats for his offense. Now, a grand parent has charged my child with assault. Also, stating that he was not disciplined by the school. My question is; can he be punished 2 times for the same offense?
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Answered in 7 minutes by:
11/8/2012
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,499
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi Jacustomer,

Unfortunately though both involve the same incident, this isn't a double jeopardy situation. All school have the right to handle a discipline issue on its premises, according to principles under Texas's administrative law to keep order and to protect the safety of other students.

However, the family of the complainant can also try to get damages in civil court and/or to get your grandson grandson punished for his behavior by the criminal justice system.

These are all very different remedies.

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Customer reply replied 5 years ago

will we get a copy of the report, or complaint from the juvinile probation officer, or do I need to request a copy of the report from the office. We don't know much about this thing! My son has never even been to the principals office before!

Hi Tamie,

Your son should really have a lawyer, because you are not going to be able to advocate for him in court. A lawyer is the only one who can do that. You want this matter to end in some way that may minimize any civil liability for your son and that will get this off his record as soon as legally possible.

All reports will be in the possession of the DA, who should turn that over to your son's lawyer at the appropriate time. You may be able to get a copy of the school report, but the complaint from the juvenile PO has to do with the criminal case and would be part of the DA's investigation rather than a separate matter.
.
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Customer reply replied 5 years ago

FranL,


Sorry for the delay, I had to go to my son's football game.


 


One more question. I might have skipped to court, when in the letter from the juvenile probation services it states, "please arrange for you and your child to come to this office on... to discuss this matter in detail. The RE: reads Assault. It states that Ross was referred to the juvinile department for the above stated incident the he was allegedly involved in. So, I was not planning on getting a lawyer until we know that it would go to court. I guess I could I be setting myself up for trouble without a lawyer now, or could the probation officer question him and decide that we don't need to go to "court" with the DA? We have a ton of merits to take to the officer, like she asked. Like, nominations to represent our school at advanced leadership trips this summer to bronze star award in 4-H to class favorite. It was not like he was in a fight!...


 


Sorry for the questions, but you have me thinking now!


 


Thank you,


Tamie

Hi Tamie,

Don't apologize. An assault is considered a crime of violence. You are right to be concerned and to ask questions.

Probation will interview your son with you and eventually make its recommendation to the court. He is being screened among other things, as a possible probation candidate. Probation is a very powerful agency, but the cannot sentence a defendant. All they can do is present their findings to the court along with their recommendations. The judge has the power to overrule probation, but they do give probation's findings great deference. So your son will want to be cooperative during the interview, and yes if you have awards and commendations for your son that will balance the picture, that's useful to bring along. He can then be steered to a diversion program which would allow him to work off his offense while being supervised for a period of time by the department of Probation and paying fines and doing some community service. Successful completion of this would yield a dismissal. If probtion feels more serious matters are called for, then the case will go before a judge, and you'll need a lawyer.

I see nothing to suggest that he's entitled to a lawyer at the probation intake interview. But you can contact a local juvenile lawyer or the public defenders who practice in juvy court to find out for sure.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,499
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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