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Drug possession in school - Defense tips from a lawyer for K-12 students

Occurrences of students bringing drugs to school is on the rise and schools are punishing students more severely than ever. What can you do if your child was caught with drugs at school? Read on for defense tips from a defense lawyer for middle and high school students.

Search and Seizure

School search and seizure requires a lower standard than outside of school. Reasonable suspicion that your child is in possession of drugs is enough to conduct a search. If drugs are found, any evidence collected can be used in the school’s case for expulsion.

Testing of confiscated drugs

Schools should conduct a test of the drugs to confirm that it is in fact a controlled substance. However, just because it wasn’t tested, does not mean the student is off the hook. Just pretending that something is drugs is enough to face the same consequences as if they were. Many school districts have the same disciplinary guidelines for possession and pretending to possess drugs in school.

What if the drugs were not mine?

Even if your child was holding drugs for a friend or did not know that their friend gave them drugs, they may still be facing expulsion from school. It takes a specialized approach to defending situations like this. Just saying the drugs were not yours is not enough.

What if a student is under the influence of drugs in school?

A school can require a drug test and then a student will face discipline depending on the results. More schools in Florida are requiring drug tests under reasonable suspicion search and seizure rules. This is leading to more and more students being disciplined.

What if the student did not know they took drugs and were tricked by friends?

If a student was tricked into taking drugs, there may be a reasonable defense. I still recommend not making any statements to school personnel or friends before consulting with an attorney.

How should my child defend drug possession in school?

  1. Do not make a statement about the charges immediately. Wait to talk to parents or a lawyer before submitting a formal statement regarding the incident.
  2. Do not talk, text, or post anything on social media about the incident. Do not tell friends what happened. I have seen social media posts and text messages used as evidence in the case against the student.
  3. Hire a defense lawyer for students immediately. Getting an attorney involved quickly can increase the chances of avoiding discipline like expulsion, change of placement, and referral to alternative school.

Can you help all students facing drug possession in school?

I can help all Florida students in grades K-12 facing discipline for drug possession in school. I have successfully helped many students avoid the most severe punishment in several Florida school districts.

Click here to read my blog post on possible consequences of getting caught with drugs in school and click here to read about school suspensions and expulsions.

Richard Asselta is an award-winning attorney with experience defending students in grades K-12. Call today for a free consultation and start building your child’s defense. (855) 338-5299

Click here to read what clients are saying about Richard on AVVO, a lawyer review website.

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