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.
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.
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.
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.
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.
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.
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.
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
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