Lexington School Expulsion Attorney
Has your child been recommended for expulsion?
If you have received notice that your child has been recommended for expulsion
you may want to consider retaining a lawyer to assist you in challenging
this action. Expulsion recommendations can be based on a variety of circumstances,
including instances where your child may be wrongly or unfairly accused
of misconduct. The
criminal lawyers at the
Law Office of James R. Snell, Jr., LLC, have represented students in Lexington and Richland County school hearings
related to accusations such as:
- Possession of weapons on school grounds
- Possession or distribution of drugs (both over the counter, prescription
- Weapons or drugs left in a parked vehicle
- Being under the influence of alcohol
- Sexual harassment of other students
- Fighting / Bullying
- Vandalism of school property
- Theft of school or other student property
Most expulsion cases begin with a recommendation made by the principal
or other representative from your child's school. This can result
in the immediate suspension of your child, along with notification for
a mandatory expulsion hearing usually held in the district offices before
a district representative. When your child is expelled, especially based
on false grounds, it can result in an inability to complete high school
or a denial of college acceptance.
Burden of Proof
In order to expel a student the district must find that the student actually
violated a school rule. Although school expulsion hearings are not conducted
in the same way as an ordinary court hearing (for example there is no
jury, court reporter, or judge), there must be some basis in provable
fact to support an expulsion.
When we encounter situations where there is no or insufficient evidence
to show our student committed a school offense we will move for a dismissal of the expulsion recommendation and to have our client's record cleared.
To assist our client in these cases we can assist in cross examining the
witnesses brought to testify against your child, and by calling any available
witnesses who can testify in your child's favor.
Zero Tolerance Violations
Many allegations are prosecuted by the school districts under a "zero
tolerance" approach. This means that regardless of the facts, or
your child's prior history, if they are found to violate the rules
they will be expelled without exception. Zero tolerance offenses include
most offenses involving possession of drugs, alcohol or weapons. If your
child is charged with a zero tolerance school offense we will assist in
evaluating the evidence. If there is sufficient evidence to prove your
child violated a rule we can assist in attempting to obtain accommodations
from the school to enable your child to complete their current grade.
If your child has already had their expulsion hearing and the expulsion
was upheld you may be interested in having an appeal filed. We are available
to represent students in appeals to the school board as well as in Court.
Contact the Law Office of James R. Snell, Jr., LLC
If your child has been recommended for expulsion,
contact the Lexington defense attorney at the Law Office of James R. Snell, Jr., LLC today. Consultations are
usually available on a same or next day basis. A consultation fee is charged
for your initial meeting with an attorney.