My 14 year-old son (high school freshman) has been hassled for a few weeks by an older kid (16) at school. Yesterday the kid confronted my son in the hallway and shoved him and threatened him and challenged him (again) to fight. My son refused and walked away. He went to the vice-principal and informed him, telling him he did not want to fight but didn't think this kid was going to stop. Both kids were counseled and advised that there would be consequences if either of them initiated any further conflict, verbal or physical.
After school, this kid and about 20 others from his "group" followed my son off school property and surrounded him. The kid confronted my son again, and then began hitting him. My son fought back until he could escape. Both have minor bruises and neither required medical attention. A teacher spotted the large group (50 or so, they say) and called the police. My son had left the scene before the teacher or police got there, but a police officer found him. My son panicked (he's never been in trouble with the police) and gave a false name when asked. The officer didn't fall for it, and my son gave the correct name. The officer transported him back to the school where they were sorting things out and threatened him with charges of obstructing justice and so forth for lying. My son apologized almost immediately and did not give the officer a hard time in any other way.
All of the details provided here were substantiated or deemed accurate by school personnel. This is NOT just "my son's version" of the story.
Since it happened off school property, the police will be handling the case. The superintendant has suggested that we press charges against this other kid. I have so many questions now.
1. How do I press charges and what charges would I ask for? How do I decide whether to file?
2. What kind of trouble is my son likely to be in for lying to the officer about his name?
3. Do we need to get a lawyer for either half of this situation?
Thanks for your input.
2007-01-12 04:50:36 · 27 answers · asked by MedGeek 3 in Politics & Government ➔ Law Enforcement & Police
1. you will only need a lawyer if your son is charged with a crime. it is your choice to hire a lawyer but i sincerely doubt that your son is going to jail for fighting or giving a false name. you may seek your own criminal complaint at the local court or if the police have indicated to you that they will take out charges and sign the complaint, even easier. speak with the investigating officer if you are considering charges and he will advise you of the process
2007-01-12 04:56:00 · answer #1 · answered by Officer Baz Says... 2 · 1⤊ 1⤋
Get a lawyer NOW! There are so many ways this could go south, I can't begin to tell you. While your son would have been justified in protecting himself, 50 kids or even 5 could be considered mob-action and because he was there, he would be in trouble with the rest of them. Lying to a police officer is something someone who is scared would do -- especially when he has never been in trouble. However, the fact that he lied damages his credibility with regard to his other actions.
You press charges by filing a police report. Document any injuries your son may have and immediately sit down with a video camera, tape recorder, or just a pen and paper and detail every aspect of what went down, including the report to the principal and school officials. Be sure to date the information, spell names and witnesses. You do not need to give it to anyone but keep it in a safe place so you will not forget the details. Then get a notebook (preferably bound) and write down the dates, names, method of communication, gist of communication and everything else that could even remotely be considered relevant. Every time you talk to anyone about this, write down the date, the time, the name of the person and the gist of the conversation. This documentation will be crucial to your son's case. Also people tend to forget details and this will keep the event fresh and could also give you a different perspective on the issue. Keep this stuff in a safe place and keep it up to date. Refer to it when necessary and never give your original to a lawyer or to the police. Copies only! Let your lawyer communicate for you.
2007-01-12 05:04:41 · answer #2 · answered by MH/Citizens Protecting Rights! 5 · 2⤊ 0⤋
You don't decide the charges, you just let the police know you want to press charges.
I would hope that since your son is so young that the police would just have a "come to Jesus" talk with him about lying to law enforcement. I would also hope that you as his parent would make sure you instill the responsibility and a value of telling the truth. It is a hard lesson learned but I'm sure you are not trying to raise your son to be this way. But as his parent you have to step back and see the big picture here and nip it in the bud.
I would talk to the officer in charge ASAP and see if your son is in trouble and if so, immediately contact a lawyer ASAP!
Don't be surprised if when you press charges the other kid does the same thing. It takes two too fight.
2007-01-12 04:54:20 · answer #3 · answered by BlueSea 7 · 1⤊ 0⤋
Well, I'm not a lawyer and I do not work in Criminal law (I'm in commercial real estate and business litigation) However, to "press charges" in a criminal case means you will have to go through the DA (District Attorney) office. They will usually make whatever case they can against the other child. If you are going to file a lawsuit under civil law I would say get an attorney (although, the situation you describe really doesn't warrant it. Your son's injury's as you describe them are hardly worth a few thousands of dollars in attroney's fees).
The charges would be assualt and battery. Just so you know, your son is equally guilty of committing this crime too in the eyes of the law. If you can prove that the other boy used fighting words to purposely illicit a physical response, or threatened bodily harm to your son, your son might stand a better chance at trial. But from what I have read on criminal law, that is very difficult to prove.
My advice is to let it go and deal with it outside the courts. Talk to the other boy's parents, if it comes down to it, file a restraining order against the boy.
2007-01-12 05:01:51 · answer #4 · answered by Joshua S 1 · 0⤊ 1⤋
Don't press charges. If your son fought back the bully will think twice next time he messes with him. He did the right thing. Now about the lying to the police, the whole deal from the cop is to scare your son into not lying to the police, as a 14 yr old it won't affect your kid's record. The cop probably already forgot about it. But as he gets older, he should know that lying to the police is not the greatest idea. The officer was probably just trying to educate him. Don't get a lawyer. It'll be a waste of money. Talk to the officer who drove your son back to school. I'm sure he has no intention of turning this into a big deal and just wanted to scare some sense into your kid. Ask him to talk to the other kid, maybe, to get things straightened out, I'm sure he'll be glad to do that. Good luck.
2007-01-12 05:01:36 · answer #5 · answered by guicho79 4 · 1⤊ 2⤋
Sounds like the police just gave him a stern lecture, I doubt if they are going to do anything to him for lying. I think the officer was just trying to get to the truth. As to pressing charges when the other boy and his family find out it could cause further trouble at school for your son. Since no one was hurt it's best to forget the whole mess.
Maybe your son should plan on walking home with a few other friends to protect him.
2007-01-12 13:14:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You just inform the officers that you would like to press charges. I don't think your son will be in any trouble. He lied but he panicked, I am sure the officers will be considerate.
You should speak to a lawyer just to get some advice. However, your son will be ok. There will be lots of witnesses that can indicate this older kid is a bully. The cops deal with situations like this all the time. They are not stupid.
2007-01-12 05:03:55 · answer #7 · answered by Anonymous · 2⤊ 0⤋
Of course he shouldn't have lied but I'm sure he panicked, and I think the police officer was just being hard on him because of his dishonesty. I called a police detective friend and was told that if the other boy was the aggressor then your son had every right to protect himself. Self defense.....I dont think you need to contact a lawyer, maybe this would be something that can be brought up to your sons school board. Or a mediator....for your family and the other boys family. I think your son was in the right, he needed to protect himself in any way possible, as for the lieing well....we dont know how he was feeling when he got caught or what we would have done either. Good Luck and I hope things work out for you!!
2007-01-12 05:01:24 · answer #8 · answered by shorty 6 · 1⤊ 0⤋
(1) I think the charge would be assault. The police should be able to help you with this. It's basically up to them whether or not to charge, although you can decide not to press charges.
(2) I don't see that he'll be in "trouble" -- the biggest worry for you is that it may come up as an issue if you go to trial. The defense, if they know about it, will use it to assault your son's character. But I highly doubt that he will be charged with anything for that. Not worth the paperwork, very difficult to prove, etc.
(3) You may want to consult with a lawyer (many have free intial consultations) but if an assault charge is processed, the state will be in charge of prosecuting the case and will be working with you. Again, I highly doubt your son will be charged with obstructing justice or whatnot but on the odd chance that he is, you may need a lawyer. On the other hand, they may "charge" him just to scare him (a common tactic with teenagers who have no prior record) and then drop the charges (and usually leave no record of them), or possibly some community service resulting in dropped charges once completed. One reason it's important to be very polite to the police during these stages.
2007-01-12 04:59:25 · answer #9 · answered by Ryan 4 · 2⤊ 0⤋
I would get a lawyer for pressing charges agains the other kid. Various charges may apply including assault, false imprisonment, and harrassment. Retaining a lawyer ensures that you do this properly and legally and will make sure that your son doesn't get screwed if this kid tries to counter the claims.
It is doubtful your son will get in any trouble for lying about his name since he almost immediately recanted and gave the correct information.
2007-01-12 07:09:28 · answer #10 · answered by Goose&Tonic 6 · 0⤊ 0⤋
I dealt with two of my children being victims of bullying, one was my daughter, the other was my son. Both situations escalated to getting the police involved, one incident to the point of getting a grand jury involved. So I might have a little advice for you.
Go up to the school and talk to the principal about the situation that led up to fight. Find out what their policy is regarding bullying. If they don't have one, then get the school police officer in there and ask him/her how you should proceed.
Honestly, being bullied is horrible for kids and your son probably gave the false information out of shame. If I were you, I wouldn't waste a minute in getting this resolved, your child is suffering and needs to know that people are on his side.
2007-01-12 05:02:08 · answer #11 · answered by kathy059 6 · 1⤊ 0⤋