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 Lexington 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 and illegal)
- 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.