My son is in his sophomore year in Catholic High School and he was the victim of bullying since his first year by some older kids. Unbeknownst to me he got a knife from his cousin to bring with him to school for protection.
When he went to his locker in between classes that group of kids that bothered him were there and they slammed his locker on him and began mocking them. From what he said happened was that he told them to F off and leave him alone and one of the other guys shoved at him. My son then took out his knife and he slashed it against that kids arm and he began bleeding very badly. My son just took his books and went to his next class while that other guys friends were screaming for help.
The police were called to school and my son was arrested. He is out now because he is a minor and under my supervision but the family who my son hurt is sueing us for assault with a deadly weapon and my won was expelled.
Any chance we can walk away from this? What cane we do?
2007-12-01 08:17:19 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
NON-LEGAL ADVICE - I AM NOT AN ATTORNEY - Sorry but your son is in deep doodoo. They might look at the prior harrassment but the action you son took was much more than anything they did.
First of all, you should have done something long ago about the bullying. But that isn't the issue now. From what I have seen, as a non-laywer, your son might have a criminal record but since he is a minor they will hopefully expounge it when he turns 18.
As for the lawsuit, get a lawyer fast. Your son (you) will probably be found liable for assalut and have to may medical cost, maybe more. In a worst case, hope you have a good liability policy on your homeowners policy because they will probably win something. Extenuating circomstances regrading the bullying and the locker incident may help but these are things to talk to the attorney about.
I feel really bad for your son. The other kids started it but your son took it to the next level and that was wrong. It doesn't make those animals innocent though. I understand your frustration. My #3 kid was bullyed all through school. (He got in trouble for pokeing a kid in the stomach with a plastic fork in 5th grade.)
Bullies seem to have an instinct as to WHO they can bully. Good luck and I sure hope things work out for you. Let me know - I'm concerned!
2007-12-01 08:48:11 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You didn't mention if your son has had any psychological problems or if he is just a normal kid and they picked on him, that would help with defense, but all the others and the gentlemen at top are right. I know ail too well about the 'bully" scenario. We moved everywhere and as a kid it was the same old story 'the new kid', but i was able to hone my trade. It's sad that if ususally 3-5 on one and the best advice for that is a wall behind yo or a corner, that way it cuts the numbers that can get to you at one time and you have a chance.
Sad this happened. I watched the tapes of the little girls being punched out on the buses and then maced there assailant and although I don't condone that I think the ones attacking are nothing. Sad this hapened and seek legal help, i suggest you ask around and check for the best, yo must no someone in the criminal justice service. take care.
2007-12-01 09:08:00 · answer #2 · answered by R J 7 · 1⤊ 0⤋
I'm so sorry for you and your son's circumstance. I feel for ya both.Yor'e gonna have some kind of legal help. It will probably go to juvenile court and he'll be appointed an attorney for free. He can then give the attorney the details. Years ago, my son was bullied (wish I would've known and could've gone to the school) BUT my son got fed up and beat the holy crap out of the bully. Cops came, charges filed, court, probation...You may have to pay for the bully's medical, but because of the circumstances, he may just get probation. My son had a record at 13,. but he is now a correctional officer. My prayers are with you too. And God will see you both thru this, believe me....
2007-12-01 08:28:58 · answer #3 · answered by zen 6 · 1⤊ 0⤋
>> Any chance we can walk away from this? <<
No. Your son committed a criminal assault with a deadly weapon. You're going to need a lawyer (maybe two) for Juvenile court defense and for defense of the law suit. You may be able to get some help through your homeowner's policy. You'll also have to enroll him in public school -- if they'll take him.
2007-12-01 08:24:08 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You can be held legally responsible for this. Violence is never the answer to bullying. Your son made a very poor choice and is now suffering the consequences. He should have reported this to the school officials when it began happening. Now he is the one in serious trouble, not the bullies. They are now the victims.
Yes, you can be sued and you can be held financially liable for the bully's injuries. You need an attorney immediately. You should not talk to anyone until you have legal counsel and then you should follow that counsel to the letter if you want to get out of this with as minimal cost to you as possible.
2007-12-01 08:24:08 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Get a serious attorney. Delete this question if possible, and discuss this issue with NO ONE with whom you lack attorney-client confidentiality.
As a general rule, minors are liable for their own torts (such as your son committed). Thus, HE might be sued...but I don't see a cause of action against you as the parent.
If he is sued and damages awarded, he most likely has nothing with which to pay it and the judgment would last a limited amount of time.
Oh, counseling for your son would be a dandy idea too. Anyone who knifes a kid for mocking him, shoving him and slamming his locker needs anger management counseling at the very least.
2007-12-01 08:19:14 · answer #6 · answered by Anonymous · 5⤊ 0⤋
doubt it very much. It's pretty much cut and dried with all the witnesses. Get an attorney NOW and you should not discuss the situation UNTIL you talk with one and even then do not talk to anyone about it. Maybe if your very lucky you can get off with just having to pay medical expenses. I would also go on the assumption he will not be allowed back in that school
Also it really makes no diffrence wether he started it or not, what he did was wrong to say the least
2007-12-01 08:24:00 · answer #7 · answered by Anonymous · 1⤊ 0⤋
well there had better be witnesses to the bullying and the self defense. If your son has been bullied, since first year..there have got to be a ton of witnesses saying that this kid was constantly bullying your son and that your son feared for his safety on a daily basis.
Shouldn't YOU be countersuing? Yes, like bill says, you need a lawyer.
2007-12-01 08:23:23 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Um. Listen to Bill.
2007-12-01 08:21:45 · answer #9 · answered by Anonymous · 1⤊ 0⤋
GET A GOOD LAWYER AND YOU MAY WALK. TOO BAD THAT YOUR SON WAS SO TORMENTED
2007-12-01 08:27:20 · answer #10 · answered by Bettee62 6 · 0⤊ 0⤋