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  1. #1
    Join Date
    Oct 2009
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    1

    Default 9 Year Old Facing Battery Charges for School Altercation

    My question involves criminal law for the state of: Florida

    My 9 yr old son was pushed after bumping into another student while trying to make his bus. He reacted and punched the other student in the eye. Since he reacted and punched the other student he was named the aggresor.
    When the Dean notified me the day after the incident, I was blind sided by the school officer threatening to arrest my son for battery if I did not agree to sign papers for him to attend 19th Circuit Diversion Program. Fearing for my son I asked him what the program was about, he said that he was not aware of the details but it would be best for my son. So not wanting my 9 yr old to be put in cuffs and hauled away to Juvenile Hall I reluctantly signed.
    I feel that I was taken advantage of by the school and the officer. Was not informed the day the incident happened. My son was questioned by the officer without my presence and to his own admitance he was very harsh with my son.
    In the letter given to me he stated that " I asked if they would like to press charges". Is the officer supposed to initiate charges or were the parents of the other student supposed to ask? It seems like the parent of the other child, the assistant principle and the officer already had a meeting and decided my son was at fault before I was even notified.
    If anyone knows what I should do or say to the principle in regards to the unfair way they treated and handled my son please let me know. I'm truly baffled on why they would threaten to arrest my 9 yr old son for battery over this incedent. Thank you in advance for any help.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: 9 Year Old Facing Battery Charges for School Altercation

    Quote Quoting Hitek
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    My 9 yr old son was pushed after bumping into another student while trying to make his bus. He reacted and punched the other student in the eye. Since he reacted and punched the other student he was named the aggresor.
    He was the aggressor. He pushed another student and when that student reacted he them punched him in the eye. The other student pushing back does not make it okay for your son to punch him.

    Quote Quoting Hitek
    View Post
    I feel that I was taken advantage of by the school and the officer. Was not informed the day the incident happened.
    Was this the bus to school or from school? If it was the afternoon bus it makes sense that you were notified the next day. If it was the morning bus, did you ASK why you were not called the same day? Perhaps they were waiting to contact the victim's parent's first for a doctor report? I don't know - that's why I'm asking.

    Quote Quoting Hitek
    View Post
    In the letter given to me he stated that " I asked if they would like to press charges". Is the officer supposed to initiate charges or were the parents of the other student supposed to ask?
    The officer is most certainly supposed to inform the other party they have to the right to press charges if they desire.



    Quote Quoting Hitek
    View Post
    If anyone knows what I should do or say to the principle in regards to the unfair way they treated and handled my son please let me know.
    Thank your principal for not expelling your child for the remainder of the school year.

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