Q: My son is 16 years old recently went to jail for getting in a fight at school he is on probation but I have the video
and in video you can clearly see they get in verbal but nothing else only security pepper spray my son is this even legal
A:
more info needed.
does the video show everything from beginning to end?
there is a difference between criminal law violations and violations of school rules and ordinances.
what is he on probation for?
if you are on violation for something that warns you of jail if x or y happens that could be enough.
it often does not take much to violate probation
A:
If there was a video showing that your son didn't hit anyone, that should have been provided to his lawyer before the case was resolved and your son was sent, i hope, to Juvenile Hall or Camp, not jail.
However, if he was on Probation there is a lesser burden of proof for a Violation and that could be why he has been detained.
You really need to talk to his Public Defender to see what is going on since they know what he is on probation for, how long has he been on Probation, what are his conditions of probation and what the facts of the new case are. For instance, if he was on Probation including Gang conditions and gang members were involved, he may have violated probation just by being present during the fight.
As far as the guard pepper spraying your son, that is a civil issue that you need to see if a civil rights suit is warranted. but that doesn't help your son get out of custody.
Good luck!
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