It is very common that many situations involving juveniles have both a school disciplinary component as well as actual criminal charges. Things that happen at school or may affect happenings at school can constitute both a basis for school discipline as well as criminal prosecution. A red-flag that a school discipline matter could also spill over into criminal proceedings is any involvement by the school resource officer. If they play any role in the story, no matter how small, that is a sign that criminal charges could be forthcoming.
Most of the time school disciplinary proceedings go much quicker than criminal charges. Expulsion hearings are usually held within a few days, while it may take a few weeks to initiate criminal charges. This is because school disciplinary proceeds can be immediately initiated by school administration. Criminal charges for juveniles normally only occur after an incident report is created by law enforcement (including the resource officer), and forwarded along with any other supporting documentation to the county prosecutor’s office. This process takes time.
Your child’s participation in the school disciplinary process can have a direct affect on whether or not criminal charges are brought and the ultimate outcome. This is because anything your child says can be used against them later. Frequently the more cooperative a student or their family is in the process, the more likely it is that criminal charges will be brought. Students have an absolute right to remain silent in school disciplinary proceedings, and to also be represented by an attorney in those proceedings to ensure that their rights are honored.
Not every school disciplinary matter will result in criminal charges. But here are some common allegations that can result in both school and criminal proceedings:
- Drug or alcohol possession
- Threats of violence
- Texting or sharing sexual or nude images
- Damage to or theft of school property
- Possessing a weapon on school grounds
- Assaults resulting in actual physical injury
- Sexual assault
If you have questions regarding your child’s rights in a school disciplinary proceeding, including how to contest a false or unfair allegation, contact us today for a free case evaluation. Appointments are held in our Lexington office and are scheduled by calling (888) 301-6004.