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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33918
Experience:  Began practicing law in 1992
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My daughter a special Ed student with many challenges was

Customer Question

My daughter a special Ed student with many challenges was goofing around in study hall 8th grade. She told a boy he was on her kill list and wrote his name down on a piece of paper with other names. The teacher took the paper the next day I get a call that " there have been some charges made against Caitlin and they are questioning her." I asked what did she do the secretary did not know.I headed straight to the school. There was a police car in front of the school. The principal called me into his office and told me they had to call the police. I understand school safety. However my daughter had never been aggressively violent or a discipline problem. She stared in the school play, has friends and is known to be dramatic . My daughter was traumatized to the point of not being able to continue the school year.
there are many incidents from last year that lead to this one breaking her. Did they violate her rights?
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

It depends on what you mean by "violate her rights" since there really isn't a legal definition for that term.

Schools are allowed, under the law, to question students without their parents being present. They are also allowed to call the police without first notifying the parent. It doesn't mean that her statements, if she gave any, would be admissible in court since the standard for admissibility is different than the standard just for questioning.

If you have follow up questions please ask them in this thread.

Customer: replied 2 years ago.
I was under the impression from my own research that she, as a minor has the right to have a parent present when being questioned by the police.
Expert:  Dwayne B. replied 2 years ago.

Yes and no. There is no law that says a parent must be present when a minor is questioned. However, that can affect whether or not the statements is admissible in court at a later time as I referenced above.

Expert:  Dwayne B. replied 2 years ago.

It is no different than a person requesting their lawyer being present when they are questioned. The police can proceed with the questioning but anything the person says is likely to be struck by a court.