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I am the one with the ex-husband that broke into her house…

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Good morning… It’s me again...
Good morning… It’s me again. I am the one with the ex-husband that broke into her house and California I am alienating us… In the month of January and got that at school and ran away. When he ran away from the school the principal and vice principal try to go get him down the street and when the principal try to put him in the car my son kicked The principal and said “I’m going to kill you if you make me go back to the school. If you understand some background… My son has high functioning autism and if he is not on his medication and he can get very erratic and get very upset and if people try to touch and he will get aggressive. Call did not call me but instead called father and of course father didn’t know how to handle the situation. The school then called the local school police and had my 11 year old son arrested for terroristic threats and attacking a public officer ie; the principal. The police were on their way to take my son to juvenile jail and on the way he said he wished his life was over and he could die because he hates his life and he started crying. He was saying that he wanted to die… the police Then turned around and took him to a mental health Facility. The school then took it a step further and expelled my son and sent a referral to the education department for my son to have a ARD manifestation meeting. They tried to skip the ARD however I told them that since he is a special needs child and receiving special needs services at the school there is a due process… Regardless during the manifestation meeting they determined that they wanted to send my son to an alternative school for children that misbehave for one month. So not only was he arrested, spent four days in a mental health facility, then expelled for 30 days and sent to an alternative school, but now I find out that the district attorney is pressing charges and my son is facing trial on April 2nd.There has to be something that I can do to get the district attorney to drop these charges against my son… I found out that the three months my ex-husband has had my son prior to this incident he was not giving my son ANY of his prescribed medication that help my son with his mood and social behaviors.
Submitted: 26 days ago.Category: Legal
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Answered in 1 hour by:
3/29/2018
Lawyer: Ray, Lawyer replied 26 days ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,363
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 26 days ago
Ok
Lawyer: Ray, Lawyer replied 26 days ago

First of all here is son is indigent they should appoint him a lawyer.Lawyer can see if they will drop it or at least defer and allow community service .Child was not on meds,that alone in my mind would affect whether he had intent to commit.

First step is to write the judge and ask for court appointed lawyer for the child.That's is reasonable and much needed.The layer may be able to get this dismissed or reduced here.

I appreciate the chance to help you today again.Thanks

If you can positive rate5 stars it is much appreciated.

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Customer reply replied 26 days ago
He has court appointed attorney. Attorney won’t return my calls and we are set for trial on Monday at 8:30 in the morning.
Customer reply replied 26 days ago
I met with the child probation officer today and she is trying to get him into a mental health division that is within the juvenile department. So he would have to have a psych exam done through the division to qualify but then they would offer mental health services and therapy for him. So she’s trying to basically take the charges and put them with a different division but I’m not sure if that is the better decision or to try my chances at getting the case dropped based on the fact that he shouldn’t be held responsible since father is not giving him the prescribed medication. I’m not sure what decision is the best interest for my side and has the least amount record and consequences.
Customer reply replied 26 days ago
I’m concerned that if he goes to the mental health division then it is basically assume he is guilty and put on his record that he is guilty of the charges.
Lawyer: Ray, Lawyer replied 26 days ago

All you can do is appear here, you can tell the judge about failure to return calls, also maybe you can meet with lawyer and prosecutor about dropping this or some kind of deferred adjudication .These are your next steps.

I think a psych exam is a positive thing.The child here has issues, maybe they can then get him the help he needs.They may drop charges too.I would not be afraid here of such an evaluation if they can then get him long term help. here.

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Customer reply replied 26 days ago
My son has a exam of diagnosis for ass burgers, he just had a psychological exam done through the school and now they are wanting to put him through a third exam. And it’s not necessarily the psychological exam that I’m worried about… I’m trying to understand whether him going through this mental health option if that means he is found guilty of the charges.
Customer reply replied 26 days ago
Or is it better to have diverted you Acacian, I’m not sure which one shows up worse on his record.
Lawyer: Ray, Lawyer replied 26 days ago

I think he has better chance to beat this if he has the exam and they find he has issues and needs long term help.I think you can argue he lacked intent to harm especially if he was off meds.

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Customer reply replied 26 days ago
Ok. Thanks. I think that is better route also. This is all so unfamiliar territory for me. Prior to my son being with dad he didn’t have any of these issues.
Customer reply replied 26 days ago
It breaks my heart.
Lawyer: Ray, Lawyer replied 26 days ago

I can understand here.I hope better days are ahead for him.Again prayers to you all and thanks for rating.

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