My son and classmates were standing in line waiting for the bell to ring for lunch. My son had a lollipop in his hand given to him by a previous period teacher and proceeded to walk forward along with the other students when the bell for lunch rang. A female student in front of him in line was touched on her back pocket ( buttocks cheek) through her jeans with the lollipop. She notified a teacher of inappropriate contact by my son (which my son immediately apologized for ) who corrected the incident in class but then proceeded to tell the principal as well and now my son is facing aggravated assault charges. We were contacted by the Ft Bend Co. probation office to come in a have a social history report done but it was cancelled this morning without notice and we were told to wait for a court date. Based on what I've read about this particular charge, I don't see any aggravated assault being done... We have no idea what to do or what is going on... Any advice would be greatly appreciated.
Absolutely get an experienced juvenile lawyer and do NOT allow your son to be interviewed by anyone other than that lawyer. Not all criminal lawyers practice juvenile law so get one that regularly practices juvenile law. You can look on the State Bar website for a lawyer, or here on Avvo. If some cop or juvenile department person wants to interview your son it's not for his own good. If you are indigent and need to ask for a court-appointed lawyer then you'll probably have to wait for a petition to be served on you and go to court, where you can ask the judge. It's possible that nothing will be filed if cooler heads prevail, but don't let your guard down. Good luck.
I am sorry to hear that your son and your family are experiencing this. This is a serious allegation and it is understandable that the school and law enforcement wish to gather more information as they determine the correct course of action.
Your son has rights and as his parents, the best way you can assist him in protecting those rights is to hire a defense attorney to guide you and your son through this process. If you are unable to afford to retain an attorney, a Juvenile Public Defender should be made available to represent your son.
As far as the social history report goes, that is a common element of Juvenile cases and would entail your son being questioned and analyzed regarding his behaviors with an eye towards addressing any mental health or behavioral needs he has. However, that evaluation can occur later in the process, once you have either hired or been provided with counsel who can be there to represent your son in this matter.
Best of luck.
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