I had to go to the office in my school today, because I 'supposedly' wrote a very very bad note. She wouldn't let me read it, and when I said no, she had me do a writing test. It was in capitols, I wrote it the way the note was written, but there IS only ONE way to write capital letters. She said if I didn't confess that I wrote it, she would get the sheriff involved. So I didn't want to get it trouble, so I said yes. I was suspended for 3 days, and I now have sexual assault on my record. My dad is going to the police station today, to get it cleared. Was this legal for her to do?
2007-05-04 10:21:37 · 17 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
1. She should have called your parent (s) if it was THAT bad BEFORE she talked to you.
2. WHY did you say you did it if you DIDN'T? (even if she did call the police it would be up to her to prove that you did it)
3. Pretty sure you can't be charged with sexual assault unless you actually assaulted someone.
4. If the note was of sexual nature, I could see where you could be accused of sexual harassment MAYBE.
2007-05-04 10:38:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It probably was not illegal specifically. However, it was a pretty poor way to see if someone had written a note, especially if the assistant principal was not a handwriting specialist. There are many who believe that the handwriting analysis is not completely infalible. Some even believe it to be bogus. I have a feeling that the test administered to you would not stand up in court.
By sexual assault on your record, what kind of record are you talking about? It is a criminal record? If that was the case then this should have gone to court at some point. Is it the school records?
I can see a lawyer helping out in this case pretty easily. You were interogated about a possible crime (if the police were involved then there must have been a crime of some sort), you should have had your parents and legal help there.
2007-05-04 10:28:17 · answer #2 · answered by A.Mercer 7 · 0⤊ 0⤋
Well, several things about this bother me. If you were told to write the note in all capitals, it wasn't a true test to see if your handwriting matched. If it were to really test your handwriting, you should have just been told to write the words. It sounds like your only "record" that is involved is at school, since you just mention a suspension. If you were charged, then you'd have a police record. If you were charged, and you are underage, then a parent should have been notified. I really think a parent should have been notified before such a "test" anyway. I would fight the suspension and the accusation through an attorney. Do NOT confront the police or school officials without legal counsel.
2007-05-04 10:54:34 · answer #3 · answered by .. .this can't be good 5 · 0⤊ 0⤋
You better option was to tell her to notify the police and your parents. If you did not write the letter then they would have cleared you and she would have been embarrassed. Now that you've confessed to writing the note (true or not that you did) it will be that much harder for you to get your innocence known. What she did is called coerscion (spelling I know) and it's a grey area where legality is involved but you could fight it to prove your innocence. The are many ways to write capital letters each in everyone's handwriting. Never copy straight from the letter, always ask someone to copy it and do your letter from the copy in your own handwriting. They can tell then if you wrote it or not. Good luck
2007-05-04 10:29:35 · answer #4 · answered by Goofy 3 · 0⤊ 0⤋
More than likely no, what she did is called coercion. The fact that she said you had to confess or get the Sheriff involved, made you scared, so you really had no choice.
If it ever goes to court you can say you confessed under duress, and explain why. You father should also ask to have a meeting with the principal and then also the school board.
If you wanted to push the issue, you can say your constitutional rights were violated. I highly doubt your assistant principal read you your Miranda rights, or had probable cause that you were the one who wrote the letter.
You should fight this all the way.
2007-05-04 10:58:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
why in the world would you confess to something you didnt do? do you know how stupid that was? no matter how many people are preasuring you...no matter how many people think you did it...or how small or big the act is, you never, NEVER confess to something you KNOW you didnt do. thats just stupid. hopefully you've learned from your mistake and i hope you get out of this mess.
now to answer your question...is it legal? absoultley.
is it right? no way.
you see...it is legal because all she did was question you to see if you were involved and the school can do that. it sucks, but yeah they can search you...accuse you...do just about anything and if you disagree they're just going to make a bigger deal out of it. what you should have done was stop talking once you realized she was actually accusing you and no longer questioning you. you should have allowed her to get the police involved. because if you're innocent...well then you're innocent! now, what to do now? you should tell you parents and get OUT of that suspention. and MAKE SURE it gets off your record b/c thats the most important part. once you get it cleared off...even if she GARENTEES you that its off...make sure you dont leave her alone until YOU know for sure...and you can only do that by seeing it yourself.
good luck & i hope you get out of this mess!
2007-05-04 11:26:35 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Doesn't sound like I'm getting the whole story here. If you violated a school policy only then the principle is in the clear. If you're accused of something as serious as sexual assault, an officer would take the case. Sounds to me like you just violated school policy, not an actual state law.
2007-05-04 10:30:34 · answer #7 · answered by xxted_strykerxx 3 · 0⤊ 1⤋
You didn't want to get in trouble so you admitted to writing it without knowing what it said? What did you expect, they drew your entry for the Publisher's Clearinghouse sweepstakes? If sexual assault was suspected then the police would have been involved immediately (school officials are required to report this to law enforcement), and if you did nothing wrong you would not have feared their involvement.
2007-05-04 10:33:14 · answer #8 · answered by xtowgrunt 6 · 0⤊ 0⤋
You should have told her to call your parents and let them come in and talk to her. IF you didn't write the note you never should have admitted to it.
A friend of mine admitted to something he didn't do and is now doing 27 years for a crime he did not commit!! Not Cool At ALL!!!!
2007-05-04 12:24:15 · answer #9 · answered by Anne M 4 · 0⤊ 0⤋
Curious to know how old you are because that is a pretty serious allegation to be made without a guardian being present. Tell your dad to immediately see an attorney.
2007-05-04 10:26:55 · answer #10 · answered by Anonymous · 1⤊ 0⤋