Daughter facing probation after school altercation; no court hearing yet.

Question

My daughters, aged 13 and 12, were involved in an altercation with a boy after school. The boy initiated physical aggression, and my daughters defended themselves. The boy went to the ER for a concussion. Both my daughters were expelled from school. The 12-year-old daughter is not facing probation, while my 13-year-old is being processed for a citation with an intake interview scheduled soon. Despite receiving no citation paperwork, I received a call stating that if I do not bring her to the probation department, a bench warrant will be issued. The school skipped the suspension conference and served us suspension extension papers at home. We only received an expulsion packet, and just had a hearing where only the younger daughter was expelled. I have multiple witness statements and partial video footage of the incident but haven't consulted an attorney due to financial constraints. I need to understand how my 13-year-old can be involved with probation without an initial court hearing.

James L. Arrasmith · Answer

Your situation sounds incredibly stressful, and I understand your concern about your daughters, particularly the legal proceedings facing your 13-year-old. The juvenile justice system often operates differently from adult courts, and probation departments can become involved before formal court hearings through a process called informal probation or diversion programs. 
 
Before attending the intake interview, you should gather all your evidence, including the witness statements and video footage. This documentation could be crucial in demonstrating that your daughters acted in self-defense. Even without an attorney, you have the right to present this evidence and tell your side of the story during the intake process. 
 
While financial constraints make hiring legal representation challenging, you might consider reaching out to your local legal aid society or public defender's office for guidance. They often provide free consultations and could help you understand your rights and options. Additionally, you should request copies of all documentation related to both the school disciplinary actions and the probation matter - having a paper trail is essential for protecting your daughter's interests. Remember that you can also advocate for your daughter by clearly explaining the circumstances of self-defense during the intake interview.

Q: Daughter facing probation after school altercation; no court hearing yet.