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Help! Legal advice for friend needed ASAP

Discussion in 'The Lounge' started by gjk5, Mar 1, 2007.

  1. gjk5

    gjk5 3/4 ton status

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    [FONT=verdana, arial, helvetica]One of the guys that works for me just came in my office and asked me for some advice:

    His stepson (Jr. in HS) is being EXPELLED from school for having an airsoft gun in his friend's car on school grounds. This kid is an Honor Roll student and on the Basketball team, no disciplinary problems etc.

    He did not shoot anyone with this "dangerous weapon" as the school district has designated it, he was not carrying it on school grounds nor had he threatened anyone with it.

    Can anyone suggest any organizations he could call for help on this? I don't really think that GOA or NRA would really care to get involved in anything like this.




    And before I get *****ed at: not my kid and I know it was a dumbass thing for him to do, I just don't feel he should be expelled, graduate late and have permanent ramifications on his record.
    [/FONT]
     
  2. jekbrown

    jekbrown I am CK5 Premium Member GMOTM Winner Author

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    1) hire big-time local lawyer.

    2) go see local school district big wigs, with lawyer.

    3) tell them that this is all a misunderstanding and if they don't correct themselves, you'll have no option but to file big lawsuits.

    my mom worked in the local school dist as an administrator. Fear of lawsuits dictates almost every action they make. Time to bring da fear.

    j
     
  3. CDA 455

    CDA 455 3/4 ton status

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    They probably have a 'Zero Tolerance' rule in their school district.

    A lawyer is in their future if they want to clear the boys record.

    Bummer for him.
     
  4. gjk5

    gjk5 3/4 ton status

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    He is on the phone in his office right now trying to get an atty to represent the kid, the problem is that the hearing is Monday. I have the letter in my hands that the SD sent them, it states that "Expulsion shall be mandatory for carrying, bringing, using a DANGEROUS WEAPON on school grounds". Last I checked a airsoft could not casue serious bodily harm so why would it be considered a dangerous weapon?
     
  5. jekbrown

    jekbrown I am CK5 Premium Member GMOTM Winner Author

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    shot to the eye prolly wouldn't feel good. lol! dangerous doesn't necessarily mean deadly either... if you whipped out an airsoft gun and a panic ensued someone could get trampled/hurt in the melee. "Dangerous" is probably an intentionally open-ended word to use in that case.

    In any event, lawyer pressure is pretty much the ONLY thing that school districts care about / will listen too. They frankly don't give a **** about what anyone else thinks. They will listen, sure... and then do whatever they want.

    j
     
  6. Bubba Ray Boudreaux

    Bubba Ray Boudreaux 1 ton status

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    If he was on school grounds, there is probably no legal recourse. :doah:
     
  7. chevyfumes

    chevyfumes Court jester

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    Watch for the muzzleflash!
    Good thing he didn't have any vitamins or cold pills on him, we wouldn't want any drug dealing gun toters on the school grounds...:doah:
     
  8. jekbrown

    jekbrown I am CK5 Premium Member GMOTM Winner Author

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    that never stopped a lawyer from starting a media circus and getting a settlement anyway... :grin: that is why i recommended bringing in the local hotshot lawyer. You need some local-evening-news coverage in the worst way. The bigger the circus, the better.

    j
     
  9. gjk5

    gjk5 3/4 ton status

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    What pisses me off more is that in the same district last year a 13 YO brought a loaded 9MM to school and only got a semester's supension.


    We'll see what he says after talking to the lawyer, I'm gonna go dig up the # of the Atty who taught my CCW class too, he might at least refer me to someone good.
     
  10. CDA 455

    CDA 455 3/4 ton status

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    A wad of chewing gum can be considered a dangerous weapon :mad: :mad: :mad: :mad: :mad: ???!!!

    Do they define 'dangerous weapons'?
     
  11. CDA 455

    CDA 455 3/4 ton status

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    So sad, but excellent point :mad: :( .
     
  12. gjk5

    gjk5 3/4 ton status

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    Just checked with Chris again after he got off the phone, atty is calling the district and get this:


    I was wrong, his kid was just the passenger, the driver owned and has taken responsibility for the airsoft. The other kid is also getting expelled, and his mother is the principal of the neighboring high school!
     
  13. cbbr

    cbbr 1 ton status GMOTM Winner

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    It's not necessarily that the airsoft gun was dangerous, but some of them look real and they are generally prohibited.

    Expel usually means from that school and there is normally an alternate school that he can graduate from.

    Zero tolerance rules mean just that, not much that most lawyers can do. Look on the schools website if they have one, read the rules and find out which he broke. If it says "dangerous weapon", maybe you have a gripe. If it is more broad, as they usually are, probably not unless it is too broad and open to interpretation. In a rush, more later.
     
  14. cbbr

    cbbr 1 ton status GMOTM Winner

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    The school normally can't make that decision either. They recommend it to the school board who has final say. The Board is the place to attack/contest it.
     
  15. chalet2506

    chalet2506 1/2 ton status Premium Member

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    Zero tolerance is crap. I realize that probably doesn't help, but it about sums up what I think.
     
  16. Cricket

    Cricket 3/4 ton status

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    Exactly what I was thinking, if possible contact a board member and make your case. Considering his clean background they may cut him a break if you present it well.
     
  17. TSGB

    TSGB 1 ton status

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    Sorry, but he's getting expelled for riding in a car with his friend, who happened to have an airsoft gun in it? Bull****.

    I can understand not wanting airsoft on the premises, but expulsion is over the top.
     
  18. onetonbb74

    onetonbb74 1/2 ton status

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    Unless you bring a lawyer into this, the school doesnt care and he will get expelled. Id go straight to the principal and talk it over with the kid, lawyer, and parents in one meeting. If they dont change the action to a suspension, id go to the school board, the rifle wasn't even his nor was it his car, sounds like a suspension to me not a expulsion. I believe rules have changed because one kid when i was in highschool got suspended for 3 days for bringing a potato gun to school and it was in the hatchback of his car. Totally looks like a pipe bomb and all he got was 3 days off of school. Zero tolerance is just that but since he didn't bring it and it wasn't his car and on top of that he is a good student with no prior problem with dicipline, i bet they can talk his way into a suspension at very least. I know if that was my kid, id be able to talk to that principal and convince them its grounds for suspension not expulsion.
     
  19. cbbr

    cbbr 1 ton status GMOTM Winner

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    An expulsion in a case like this is normally recommended by the school because of the zero tolerance rules. The school does not have a choice, and that is by design. If the school had a choice, and God forbid made a poor decision and someone was hurt, the school board is on the hook.

    Now what the school board does with these is a bit different. They normally have the power to either accept or reject the expulsion and then there is an appeal process. School boards don't normally actually expel people for things like this, but that is almost always the recommendation.
     
  20. cbbr

    cbbr 1 ton status GMOTM Winner

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    Like I said, the school probably cannot do anything.

    Another thing to remember is that when you lawyer up, the school board may also refuse to talk to you at all and refer you to counsel. They have lawyers that they pay retainers too every year. Get a loud lawyer and you could be fighting over this until the kid is 30.

    the best thing to do is 1) read the rules, 2) determine why the expulsion was recommended 3) take a deep breath and determine what the actual procedure is now (also normally in the rules) 4) talk with a lawyer, preferably a friend of the family to get a recommendation.
     

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