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Sam, Attorney at Law
Category: Education Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My minor son has been accused of making threats to shoot up

Customer Question

My minor son has been accused of making threats to shoot up the his middle school in Texas by a classmate and his mother called the police. It seems that at football practice this classmate made a comment that my son looked mad enough to shoot up the school. My son replied that the statement was not funny and that was not going to happen. This classmate then told his mother that my son threatened to shoot up the entire school and they had better be wearing red so he knows who not to shoot. There are several witnesses to the incident that are supporting my son and the fact that he did not in fact make that threat. Now the school and the police have banned my son from school without any investigation on the matter. What are my legal actions to help my son get over this horrible situation caused by a teenage and an over protective mother?
Submitted: 1 year ago.
Category: Education Law
Expert:  Sam replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

This is outrageous. The entire school system country wide has run amok.

When you say he is banned - are you saying they have suspended him pending an investigation or he has been expelled?

Customer: replied 1 year ago.
He has been suspended pending an investigation. I have talked to the school principle and the Resource Officer, but they have not given me any real information. I gave them my son's statement and his witnesses to the alleged threat, but I need to know what I can do to protect him and the rest of my family as it is obvious that the entire school knows what is going and my son's name is ***** ***** around for everyone to know he's involved.
Expert:  Sam replied 1 year ago.

Thank you.

So there is an investigation as per law and school policy. And as per policy, a student may be suspended pending investigation.

I suggest at this point, you can only wait to see what the investigation reveals. If they decide your son is "guilty" then I suggest you will want to request a hearing on the matter. Now, at this time, you can consult with a local attorney to represent your son in this matter and also to discuss any type of defamation case that may be an option because of the Mother and the other student spreading these lies that have harmed your son's reputation within his school community and among his peers.

Expert:  Sam replied 1 year ago.

A defamation lawsuit would have basis regardless of the outcome of the investigation by the school.

Expert:  Sam replied 1 year ago.

You would want a local attorney who would take this matter on a contingency; meaning that based on any monetary settlement he would get from the parents of the child the attorney would get a percentage as a fee.

Expert:  Sam replied 1 year ago.

I suggest you can contact the Texas Bar Association for a Legal Referral service. (###) ###-#### ***** through Friday between 8:30 AM and 4:30 PM.

Customer: replied 1 year ago.
We have definitely discussed a defamation lawsuit to the parents and possibly the school as the entire school body has been gossiping and everyone seems to know everything about the situation when I only know just a few details. Thank you for the information and the phone number to the Texas Bar Association.
Expert:  Sam replied 1 year ago.

You're welcome. I am sorry that your son has to endure this. Thanking you in advance for a positive rating.