What can we do if a student was charged with a contraband possession? 7 Answers as of December 13, 2011

Unfortunately, school is often likened to 'home' for purposes of search and seizure. In other words, if you, as a parent, think your child is doing something wrong (i.e possessing drugs, etc.) the teacher/school principal, etc. can do a search just like you, the parent, could. Might be worth contesting, however, so talk to the attorney handling the defense of the case.

Based on your facts, charges can be fought. After you hire a lawyer sit down with your child and have a frank conversation about their goals.

For the safety of other students and the implied or agreed upon consent of the student and parent students have less rights on the school grounds than elsewhere. The legality of the charges brought by the teacher depends on what the teacher told the police or filed in a report. For the student to be charged there has to be probable cause that a crime was committed and the person charged was involved in the crime. For juvenile crimes the juvenile probation department reviews the reports and decides if the minor should be charged. If so then the minor appears before the judge for a hearing. At this point the minor has the right to an attorney and the attorney may cross examine the wittiness. It is at this point that what the teacher saw is brought out. After all the evidence is presented the judge decides if the minor is responsible or not.

I think the teacher would have to see student (1) hand the suspected marijuana to student (2), or have a reasonable basis for supporting the inference that student (1) possessed it. No possession, no conviction. Watch out though, what student (2) has to say. The good news is that the charge is now only an infraction with a small fine (although mandatory penalty assessments and fees will be imposed even if judge suspends the fine!). That does not account for any discipline the scoop may impose. Student (1) has the right to go to trial before a judge. Hope this helps.

The DA will likely charge the Juvenile with sale or furnishing as well as possession. The government must prove beyond a reasonable doubt that the student furnished or was in constructive possession of the drug. Circumstantial evidence may be considered by the fact finder. I recommend the Juvenile meet with a local attorney for a free consultation.

Sounds like you have a good defense but all you can do is tell your defense attorney and fight the case. Plead not guilty and get the Public Defender if you can't afford an attorney.

The fact is the kid emptied his pockets on his own after being asked by the teacher, so no need to concern yourself now with what the teacher can or cannot do (that ship has sailed). What you need to do now is focus on the underlying charge and how to beat it. Time to shop for a lawyer pal.