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  1. #1
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    Dec 2012
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    Default Student Accused of Drug Distribution Based on Accusations of Peers

    So, a few months ago, my son(14) broke into my wife's room and stole one of her pipes. She is legal in Colorado to consume medical marijuana. All her stuff is locked up, but locks only do so much, kids are very smart these days. So apparently he took the pipe and gave it to one of his friends. Well fast forward a few months, and the other child's mother discovered the pipe and the kid gave up my son as the one who gave it to him, as he should. Well the hand off must have went down at school, because the school called him into the office and confronted him about it. Knowing he was busted he admitted to giving away the pipe. So he got suspended for 10 days, 5 of them being waived if he attended a class. So today was the 2nd day of his suspension, my wife gets a call to come attend a meeting at the school. What happened next is where I am having the problem. Today, the school busted 5 students in possession of marijuana. They all claim that they got it from my son. When the school suspended him the other day, they did a complete search of his locker and all his belongings and his person, including a K-9 search. They came up with absolutely nothing, he was in possession of no contraband whatsoever. So based purely off of the testimony of these 5 children, the school has set up an expulsion hearing. Now I know in my day, when someone in school got into any kind of trouble, the whole school knew about it before the end of the day. Today with cell phones and Twitter and Facebook, it was probably a matter of minutes before everyone in the school knew what happened. The point I am getting at is that when faced with the choice of turning in a friend or someone dangerous, why not say the name of the kid who just got in trouble for paraphernalia? He is the obvious choice of course. However, will not admit to the distribution charges, he is claiming innocence. The other 5 kids got tickets on the spot, but my son did not. A few hours later my wife got a call that basically went something like "if your son admits to the distribution he will be expelled, but we will allow him to finish his schooling online and he can come back next year. He would also be issued a ticket. But if he continues to claim innocence we will expel him and he will have to repeat the 8th grade and he will be expelled for one calender year so he will start school in the second trimester. As well as a ticket." This to me sounded like a desperate tactic to get him to admit to something he didn't do so they wouldn't have to go through the trouble of finding the real distributor. If they had any kind of physical evidence then there would not be any kind of attempts to get a confession out of him. But the only thing they have are the claims of 5 students who are not credible themselves, as they were just busted with marijuana, and I am sure they would say anything to help get themselves off. Also the fact that the police did not issue a ticket to him, because they know they have no proof. I could get 20 people to say that the principal was selling pills out of the trunk of his car, but that means absolutely nothing if there is no evidence of that statement beyond what someone says about another person.
    I am not trying to say that my son is the worlds greatest kid, but he will fess up when he gets caught doing something he shouldn't. The fact that he absolutely will not say he did it leads me to believe that he is innocent.
    My question is what are our options in this situation? I don't believe the school has a leg to stand on. They have no actual proof at all. Can they expel someone just because someone else claims they did something? It sounds a little bit crazy to me. Should I seek legal representation?
    Sorry for the incredibly long post, but its kind of an elaborate situation.
    Thanks in advance for any advice anyone has.

  2. #2
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    Default Re: Student Accused of Drug Distribution Based on Accusations of Peers

    Quote Quoting Jchdenver
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    All her stuff is locked up, but locks only do so much, kids are very smart these days.
    It's one of the following: Mom's lock box is a piece of junk and she doesn't care that Junior is getting into it, Mom didn't take proper safeguards with her keys or combination and effectively allowed Junior to gain access, or Junior is particularly clever and mom needs to invest in better security. The problem is not the lock, as such.
    Quote Quoting Jchdenver
    View Post
    Knowing he was busted he admitted to giving away the pipe. So he got suspended for 10 days, 5 of them being waived if he attended a class.
    Okay, so he admits to trafficking in drug paraphernalia at school. (And don't get defensive over that term - it's trafficking whether he sold it or gave it away.)
    Quote Quoting CRS 18-18-429. Manufacture, sale, or delivery of drug paraphernalia - penalty
    Any person who sells or delivers, possesses with intent to sell or deliver, or manufactures with intent to sell or deliver equipment, products, or materials knowing, or under circumstances where one reasonably should know, that such equipment, products, or materials could be used as drug paraphernalia commits a class 2 misdemeanor.
    Quote Quoting Jchdenver
    Today, the school busted 5 students in possession of marijuana. They all claim that they got it from my son.
    It would be interesting to know if these are five independent accusations - that is, if the kids were caught, separately questioned, and without knowing what any other kid was saying all independently pointed their finger at junior. If the kids had no opportunity to collaborate or compare notes, it sounds like it's time for a "Come to Jesus" talk with junior.

    It would be foolish for the school and police to let the kids talk to each other or to question them together, but stranger things have happened.
    Quote Quoting Jchdenver
    When the school suspended him the other day, they did a complete search of his locker and all his belongings and his person, including a K-9 search. They came up with absolutely nothing, he was in possession of no contraband whatsoever.
    Which suggests either that Junior isn't the dealer or that Junior isn't as stupid as a lot of dealers. (Either way you're doing something right. )
    Quote Quoting Jchdenver
    The point I am getting at is that when faced with the choice of turning in a friend or someone dangerous, why not say the name of the kid who just got in trouble for paraphernalia?
    If the accusations were all independent, the odds that the kids all had your thought are pretty slim. Also, unless this is a particularly small or unusual school, Junior's not the only kid at the school who has been suspended for drug activity.

    Let's consider this as well - even if Junior is stealing all the weed he wants from mom, the friend he gave the pipe to is not using his mom's marijuana. Junior's sufficiently tied into the school drug scene that he should have a pretty good idea who the dealers are, or know the people to ask if he wants their names.
    Quote Quoting Jchdenver
    A few hours later my wife got a call that basically went something like "if your son admits to the distribution he will be expelled, but we will allow him to finish his schooling online and he can come back next year. He would also be issued a ticket. But if he continues to claim innocence we will expel him and he will have to repeat the 8th grade and he will be expelled for one calender year so he will start school in the second trimester. As well as a ticket." This to me sounded like a desperate tactic to get him to admit to something he didn't do....
    Or maybe they're trying to find a way to get him back on track with minimal disruption of his academic progress.
    Quote Quoting Jchdenver
    If they had any kind of physical evidence then there would not be any kind of attempts to get a confession out of him.
    Why do you assume that? Everything's easier with a confession, and with cooperation in the disposition. The gears of the criminal justice system are lubricated with confessions.
    Quote Quoting Jchdenver
    But the only thing they have are the claims of 5 students who are not credible themselves, as they were just busted with marijuana, and I am sure they would say anything to help get themselves off.
    Something, it's fair to note, that they have in common with Junior.
    Quote Quoting Jchdenver
    Also the fact that the police did not issue a ticket to him, because they know they have no proof.
    Don't underestimate the difficulty of building a criminal case in juvenile court, particularly if they also charge the paraphernalia offense.
    Quote Quoting Jchdenver
    The fact that he absolutely will not say he did it leads me to believe that he is innocent.
    I'm still thinking that if Junior didn't do it, he either knows who the dealer is or could easily find out.
    Quote Quoting Jchdenver
    My question is what are our options in this situation?
    Cooperate and take the offered disposition; fight and face the described consequence if you lose.
    Quote Quoting Jchdenver
    Should I seek legal representation?
    There are lawyers who handle school discipline cases. They normally charge by the hour. Consult one (or more than one) and retain him if you believe he can be of help.

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