Q: Can my child be charged with disruption of the school for accidentally activating mace that another student brought
My child got up from his desk (which he prob shouldn't have) to ask another student a question. He put his hands on her desk accidentally activating her keychain mace. He got 3 days and a charge she got nothing and was handed back the mace to keep in her car, also on school property. I know he didn't intend to set it off because as a younger child he sprayed himself with his sister's thinking it was air freshener so he knows what it is and how bad it hurts
A: Short answer: Yes, but your son should contact a criminal defense attorney as soon as possible to see if you can fight the charge.
An experienced attorney would explain that the outcome of your son's case is going to depend on what the evidence shows. In other words, we need to know more about what "other versions" of this story were explained to the school authorities and law enforcement. This is true, even if the "other versions" are false.
I wish you the best of luck and urge you to contact an attorney as soon as possible to avoid criminal and administrative (school records, etc.) penalties.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.