[pashto34]

My question involves juvenile law in the State of: New Jersey

The other day, three boys, one of whom was my son, took a board that was leaning against the school building by the janitorial area (dumpsters, recycling spots, etc). There is a creek by the school that they walk over every morning and afternoon to reach the school and the board they had been using for a bridge was missing. Since this board had been outside for some time, the boys thought it was scrap wood and began walking, with the board, to the creek to repair the walkway.

A teacher called them over, demanded they go to the principal's office, then called the police. The parents were never told this was going on. I called my son's cell phone to ask why he was late. He told me the cops were on their way. (My son has never so much as had a detention)

When I got to the school, two officers were interviewing the boys. The principal had asked them how much lumber they were in the habit of stealing? Did they always steal lumber? How many times before -- it was a little surreal. When I politely asked the principal if they were moving the wood or stealing it, he responded by telling me "If you don't cooperate, I am pressing charges. A police report has been taken."

The boys were suspended for three days. They were told the report would be held in the principal's desk for one year and if they did one single thing "wrong" then charges would be filed. The kids were not allowed to talk - even I, the parent, was not allowed to ask questions.

When I taught, to remove a child from instruction was a serious action. I am not at all sure what these kids did was any kind of crime, and the principal's response leaves me to believe that he would benefit from medication and retirement -- in that order. This was a piece of JUNK wood that has been left outdoors for several months. The charge was theft of school property.

The second problem: the kids were still on school property when the teacher "caught" them -- doesn't theft mean you leave the property? Also, can this principal hold a report as a threat for a year?

Thanks for your time in reading this --

[gigirle]

the kids were still on school property when the teacher "caught" them -- doesn't theft mean you leave the property?

No they don't have to leave the property.

Also, can this principal hold a report as a threat for a year?

Yep. He can actually hold it until the statue of limitations runs out. If your son doesn't hold up to his end of the bargin, the report is filed and your son enters the criminal justice system. Not a good idea.

I know you don't want to hear this but your son did commit a crime. He was also given a break. He could have just as easily said...I want to press charges. He still may. I'd do what he said....cooperate. At least until he gets his meds!

[Mikesgrill]

Ok, they didn't leave the property -- so if I am a student in a school, and I move a desk somewhere else on the property, following that logic, I have then committed a crime.

[aaron]

If you're moving it with the intent of permanently depriving the school of the desk then yes, you have. Even if you never make it off of school grounds.

[ashman165]

Well, theft requires an intent to steal. If you're moving a desk from one room to another, showing that you intended to remove it from the property would be hard.

A police report might have been filed, but that doesn't mean any charges can actually be filed. To prove he actually stole something, they'll have to show that he actually meant to steal something, and was successful at it. Attempting to steal something doesn't make it actually stolen.

I can think of a couple of witty remarks to use with that principal. If there is a police report, then it's a public record and you're entitled to see it. Threatening legal action with the explicit purpose to force someone to capitulate to something is in itself usually a crime.

How old is your son? Parents generally have the right be to present when their minor children are being held in police custody and interrogated. If your child wasn't free to leave, then it was a custodial detention. If it was custodial, then you probably had a right to be there to assert your minor child's rights for him.

Also, since the officer suspected your child of committing a crime, and the detention was custodial, your child was entitled to the reading of his Miranda Rights.

You should check your state laws on the issues. Depending on your son's age, he may not be considered old enough to waive his own rights.

The issue here might have something to do with where the board was in relation to the garbage. Or, it might be something to do with curtilage. If the board had actually been thrown away, then it might not be considered school property any longer. But you said it was up against the building, so I don't know.

A lawyer in your area can explain all of this to you. I'm just giving you suggestions of what might be the case. Only a lawyer can advise you on what the actual law is in your neck of the woods.

But it is far from clear as some have suggested that your son actually broke any law, let alone the one prohibiting the unlawful taking of another's property.