My son is 13 and flipped off this kid at school and made the "gun pointing" hand gesture and now they are sending his file to the Dept. of Juvenile Justice. I'm trying to get in front of this before it gets out of hand. I'm not even sure if this breaks any laws, but since columbine everyone loses their mind about things like this I even read somewhere where a kid got suspended for making his toast look like a gun. Should I get a lawyer now or wait ?
Any time a "file" is sent anywhere it may be a good idea to at the very least consult with an attorney. After consultation you will be better able to decide whether or not you will need to retain that attorney.
This answer is for general purposes only and does not establish an attorney-client relationship.
Assuming your child attends a public school or charter school, that school must provide you with written notice if it intends to discipline your child for a violation of the code of conduct. The school might, for example, consider such behavior to be communicating a threat or gang activity, but you (and your child) are entitled to the opportunity to respond and to explain why this action did not violate school rues. As another part of the school's process, they might have referred the matter to a school resource officer or local law enforcement, and that could result in the involvement of juvenile justice. Still, you and your child would receive written notice of whatever action was pending. An experienced attorney should be able to review these written notices (from school and/or juvenile justice) and give you recommendations about your next steps. If you've not received any written notices, you might consider calling the school principal and asking what is going on.
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