Results 1 to 3 of 3
  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default School Trespassing

    My question involves criminal law for the state of: California

    My son was withdrawn from school after a verbal altercation with an assistant principal. He recently went to the school to attend a volleyball game after school. The same AP saw him and asked him to leave, my son said he was there to watch a volleyball game and was doing nothing wrong. The AP asked him to leave again and when my son said no, he called the school police and they arrested him and gave him a ticket.

    What are the trespassing laws for schools and is it customary for someone to be kicked off campus after school simply for being there?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: School Trespassing

    Quote Quoting LegalGuy
    View Post
    Yes, a school is private property and owned by either the county or the state.

    It is not private property, it is public property. It only has restrictions as it is not "open to the public as a whole" as say a library would be, for safety reasons of course.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: School Trespassing

    Quote Quoting klarn99
    View Post
    My question involves criminal law for the state of: California

    My son was withdrawn from school after a verbal altercation with an assistant principal. He recently went to the school to attend a volleyball game after school. The same AP saw him and asked him to leave, my son said he was there to watch a volleyball game and was doing nothing wrong. The AP asked him to leave again and when my son said no, he called the school police and they arrested him and gave him a ticket.

    What are the trespassing laws for schools and is it customary for someone to be kicked off campus after school simply for being there?

    This involves a 1st Amendment question, and would most likely be the best defense.

    Q: Does the suspension/expulsion of a student also carry with it a total decree of exile from the school as to forbid attendence to an athletic function?

    Unless the case law is clear on this (?), there is certainly a more than valid Constitutional argument on his part.

    This would take an attorney to evaluate. If he intends to plead not guilty and can not afford an attorney, and you as parents can not on his behalf, if required that is, a public defender will be appointed for him.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: School Zone Speeding Ticket Where the School is 7/10ths of a Mile from the Sign
    By Philip Ferguson in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 08-08-2011, 10:21 PM
  2. Student Discipline: Child Not Allowed in School, Required to Perform School Work at Home
    By lostinthelaw in forum Education Law
    Replies: 11
    Last Post: 12-16-2010, 10:48 AM
  3. Trespassing: Trespassing at a School
    By WoahWoahWoah in forum Criminal Charges
    Replies: 28
    Last Post: 11-07-2010, 11:13 AM
  4. Speeding Tickets: School Zone 9 Blocks from School, Speeding and Mistaken Cell Phone Ticket
    By BrianWitt in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-28-2010, 01:05 PM
  5. Speeding Tickets: Does the Washington School Zone Double Penalty Apply Outside of School Hours
    By BenWA in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 08-01-2008, 06:04 PM
 
 
Sponsored Links

Legal Help, Information and Resources