I believe that the teacher provoked her by saying DCF will come take you away, getting in her personal space when they know she does not like to be touched, even taking pictures of her on a personal cell phone by a male teacher. A month ago my niece left school grounds after kicking a teacher in the shin and scratching him. School called the BPD to pick her up but she had already returned to school.The teacher told the police officer in a written police report that my niece was in DCF custody (false information) and the police told the ambulance to take her to the hospital against my sister's wishes and mine! I was on the phone with the teacher telling him I would be there in 10 mins. He disregarded me. My niece was restrained and given anxiety meds at ER then sent to Hospital for 5 days.
I took my sister to the local police department where the police report was filed through & asked that someone help us with filing a complaint regarding the teacher providing false information to a PO on the police report, that led to my sister's right being disregarded & my niece being restrained, sedated and section to a hospital for evaluation. The PO told me that there was nothing he could do. Doesn't she have a right to file a complaint or something regarding the false info given that led to such a traumatic experience for my niece,my sister & the rest of the family? He said a detective would have to handle it & investigate.The PO told me to wait so he could go talk to his on duty supervisor. PO came back & said there is nothing they can do there for us! Please help! What are my sister's right as a mother regarding the false information provided by the teacher to the PO on the police report? Where do we go from here since the local police department won't help? Is there anything we can do?
Criminal Defense Attorney
I'm so sorry for your situation. Unfortunately, the police don't always seem to care about kids that have disabilities and often the schools 'pass the buck' when the child becomes violent or out of control. (This isn't always the case - there are many, many fabulous teachers and police who do care).
You need to get your niece a lawyer to fight with the school and defend her against the criminal charges.
Also, if you can't afford a lawyer for your niece if she is going to be arraigned you will get appointed one by the court. However, in this situation, I would do my best to get a lawyer involved pre-court.
These cases are frustrating but can be dealt with, and in my experience, the District Attorneys, although they take into consideration the school's position, they also do take into consideration the 'whole' child.
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To be convicted of assault, the state has to prove intent and competancy. Given the facts as you describe them, either of these may provide fertile grounds for a defense. These are very complicated and technical issues, and you definitely need a lawyer to help you through them. If you can substantiate your claims, a good lawyer might very well be able to get the case dismissed without having to try it at all.
Evaluating any legal question requires a detailed knowledge of the specific facts involved. Since a short question will rarely contain all the relevant facts, the answer here should be considered a general comment for your consideration and not legal advice.
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DUI / DWI Attorney
You and your sister should stop going to the police station and making statements about the incident and what you think caused it. After police were called, it was too late to try to smooth things over. Saying someone else provoked a criminal act from the child does not deny the criminal act and may easily be construed as an admission of the criminal act. Your sister should immediately get an attorney for your niece so he/she can do the talking. Too often, a person charged with a crime, or a parent trying to help a child that has been charged with a crime, makes the situation worse by comments they make to police.
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