Liverpool, NY asked in Juvenile Law for New York

Q: My son was accused of cyber bullying should I bring an attorney to the proceedings?

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1 Lawyer Answer
Brian Lehman
Brian Lehman
Answered

A: Yes, especially if the proceedings are criminal. You didn't say who accused him of the cyber bullying. If it was the state, and this is a criminal case, you should get a lawyer immediately. Here is a link to a website that provides an overview of cyberbullying in New York (note, it goes to an attorney's page, but that's not an endorsement -- find the attorney you feel comfortable with): http://www.criminaldefenselawyer.com/resources/cyberbullying-laws-new-york.htm

You may also be talking about a school proceeding since "New York requires all public and charter schools to operate under an anti-bullying policy, which must include a prohibition on bullying and harassment (including hate crimes) on school property and at school functions. Each school district is required to develop its own policy, and must at least include provisions for identifying, reporting, investigating, and responding to alleged instances of bullying (including a statement of which school employees are responsible for handling each of these procedures). (16 N.Y. Con. Laws Ann. § 12.)"

Even if it is a school proceeding, I would bring a lawyer if you can afford one. (If it is a criminal case, and you can't afford one, a lawyer is provided for you.)

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