My son and I just viewed the dreadful video of the student being arrested and tasered down in Florida. Absolutely appalling. Appalling as it is, though, we need to let it be known that students are regularly being criminalized. We know. It happened to my son.
Last year, my sons attended a local charter school. My older children had graduated from this school. No matter what one’s views might be on charter schools, this was a great place for my kids. The teachers were top notch. The kids received a truly liberal education. Back in January, there was a “take over” of this school by one of the “for profit” management corporations. The director was fired and there were several questionable tactics being used by this management firm that to this day I don’t completely understand. Naturally, the teachers and students wanted to be assured that the school would remain open. No answers were forthcoming.
Very soon after the takeover, the teachers’ health insurance benefits were terminated. Still, no answers. No plans being made for graduation. No assurances that the kids would be allowed to complete the school year. Finally, word was put out that the teachers might not receive their summer pay as had been contractually agreed to. At this point, teachers, students and parents began meeting in order to get answers. There were rallies in front of the management corporations’ office. Media attention. Still, no answers. After one rally, two teachers were dismissed. The kids demanded answers. Their “answer” came in the form of hired off-duty police officers in their school.
One day, a couple of weeks before the end of the school year, one of the teachers placed posters around the building advising students of a meeting for parents, students and teachers to discuss events at the school. The hired police officer tore down these signs. My son asked why the signs were being torn down. He was told to sit down and shut up. He asked again. He was told such posters were “against the law”. Now, my son is no fool, so he asked which law was being broken. He was told to leave. He went to the office to call me to get permission to bring his brothers home with him. The police officer followed and kept harassing him. My son never raised his voice. He collected his brothers and as they were exiting the building, he looked over at the police officer and told him that he didn’t need an escort as he was leaving. He was arrested on the spot. He did not resist.
There were several teachers and students who witnessed this. No one saw my son commit one illegal act. Nonetheless, he was arrested on charges of assault and obstructing official business.
As my son was no longer a minor, he was taken down town and booked. It took us 8 hours to post his bond and get him out. This was the beginning of what has since turned into a legal nightmare. Thankfully, someone suggested a bail bond provider similar to Huntington Beach Bail Bonds, so we were able to get him home.
We hired a lawyer. He went with us to the first court appearance. He went with my son to his next “pre-trial” appearance as well. At that point, no one showed up for the pre-trial. Not the police officer, not a prosecutor, nor anyone from the school. My son was told that as a formality, the trial would still go on the following month, but that he could count on the charges being dismissed because it looked as if no one was willing to make a case out of it.
Well, when my son returned to court week before last, he had no lawyer. Supposedly, there was a public defended assigned to him. He was no where in sight. We did not go with him as we had been assured the charges would be dropped. Not the case. The police officer was there, and prepared to offer testimony. Someone, and we still don’t know who, got ahold of my son and told him that he had to plead guilty to at least the obstruction charge so that the assault charge would be dismissed. No legal counsel for my son to advise him. My son was informed that he could have a trial, but that it would be scheduled for that day and that he would be unable to get his witnesses there within the next couple of hours. He was told that he would therefore lose the case and likely be sent to jail. My son, not understanding how his civil liberties were be abused, went along.
$350 fine along with a year of probation. Gotta add that the probation officer laughed at the case when my son contacted him as directed by the court. Told him he didn’t even need to see him.
We feel victimized twice. Where were my son’s civil rights? Is this how we treat our young people? We’ll be lucky if they don’t all pack their bags and flee the country.
My husband and I are still interested in trying to remedy this whole situation in some way. We feel a bit as if we were in Larry Craig’s shoes (but ours aren’t tapping!)…how does one withdraw a plea? Would this be a case that the ACLU would be interested in? My son, ofcourse, just wants to get on with his life. He’s starting college in January as well as a new part time job in the next couple of weeks.
We’d love to hear thoughts on this whole sad situation from any of you.
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i am interested in the policeman: you say he was HIRED… what does that mean?
I would absolutely call the ACLU and your state and local representatives… call the Bar Association about the judge and what he advised you
write everything down and document as much as you can
this is insane and we have to stop it… all of us
Everywhere you look, it seems like a different country than what I grew up in, and believed. It doesn’t sound like it was handled by the courts in a responsible manner either, so maybe something from that could be used. I bet you’re hopping mad, I know I am.
link: free legal advice
but what could it hurt??
But how very sad…and outrageous.
I don’t know what jurisdiction you are in, so I don’t know what you should do procedurally, but the first step I would suggest is to get back in touch with the lawyer you hired in the first place and ask him what to do.
I’ve been a Public Defender for many years and in my jursidiction none of the judges, bad as they sometimes are, would let anyone plead guilty to anything if they had already appointed counsel to them, unless the counsel was present. The DA should not be talking to the defendant if the DA knows he’s represented by counsel.
Nobody should go to a scheduled court date, especially one that in that involves a set trial date without having their attorney there, no matter what anybody says. Who told you this would be dismissed, the judge, the DA, your attorney, this doesn’t seem right (in the technical, rather than the moral sense). Also what do you mean when you talk about the charges being dismissed rather than the case?
Was your son a minor and this in Juvie, or was this in adult court?
What do you mean the Public Defender wasn’t around? Had you met with him, checked in with his office? We often get called to different court rooms, and I certainly don’t know the procedures in your court system.
This sounds very odd to me, I would very much suggest that you get a good, local attorney and talk this over with him or her. Also, for everyone’s benefit, never, ever assume its going to be all right when you go to court-its always fraught with peril and you should be represented, and if someone starts trying to coerce you into doing something make sure that you tell the Judge and make a good record. Never admit to stuff without understanding the ramifications, that usually requires an attorney.
but… the situation in Florida is a non-event.
The kid in the Florida skirmish was clearly disorderly and out of control.
A little snippit of video will never tell the whole story, nor, does it reveal what he was told, or, his replies.
I spent 6 years in law enforcement and I have been there, in these very situations, from start to finish.
You want to see police abuse? View demonstration videos where the cops attack protesters and fire on them. THAT is abuse.
Florida? That is a non-story.
I’m sorry that I can’t offer any advice in this instance, only support. Had this been where I live the cop would not currently have been hired to do this off-duty. There are penalties for moonlighting although the government would now quite like to let them do it. Was your cop in uniform? I have seen UK cases thrown out because although carrying a warrant card, the officer concerned was on duty, but failed to put on his headgear while making formal arrest and was therefore deemed incorrectly dressed.
The process you describe seems to me to enshrine a systemic failure to protect a citizen’s civil rights. There must be an organisation local to you which exists to right such wrongs who you could contact. Im guessing, but I think this is exactly what the ACLU is in the business of doing. I’d be cuffing myself to my representation in your shoes – don’t do that, you don’t want to get tasered – and if you do, make sure that you hold their hand. I’m deeply sorry to hear about this and wish you and your family the best possible outcome.