Birmingham, AL asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Alabama

Q: What can I do if my son has been falsely accused of making a threat to the school. It was assumptions and accusations.

A peer said he over heard my son saying he was going to shoot up the school when truthfully my son was talking back and fourth with a classmate friend saying they would put a cap in each other as they have done several times, my son was detained for two nights in the detention center behind a boy that made assumptions and the false accusations then was released back in my custody though this has lead to my son not being able to return to school and his name is being slandered all over town, defamation of character, slander, and it's ridiculous I need to know where I stand and what I can do.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: I'm sorry you're going through this—it sounds like an incredibly stressful situation. When a false accusation like this happens, you can take a few steps to protect your son’s rights and reputation. First, you may want to consult with a legal professional experienced in juvenile defense or school-related cases. They can help you understand the laws in your area and defend your son’s rights, especially since these accusations can have serious consequences.

It might also be useful to gather any evidence or witness statements that can help clear up the misunderstanding. If there were classmates or friends who heard the conversation in its actual context, they could support your son’s side of the story. This could be helpful in proving that what was said was taken out of context.

In terms of defamation or slander, you might want to consider discussing with a legal advisor whether there is any action you can take to address the damage to your son’s reputation. A letter or formal statement from the school clearing up the situation could help minimize further harm. Communication with the school about what actions they will take to ensure your son can safely return may also be needed.

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.