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Can a student face criminal charges for molding a pipe out of clay and leaving it (unfinished/unused/unusable) in the classroom?
Anonymous3 views4 answers
My child's school has threatened criminal charges because my child fashioned a pipe out of clay during art class on a dare. Stupid, I know. The "pipe" was left on the drying rack to be fired. The teacher found it the following day, whereupon my child was suspended for 10 days for possession or manufacture of drug paraphernalia and will possibly be expelled. We have been told that they may face criminal charges. Could an unfinished, unused clay pipe be considered drug paraphernalia? The student didn't possess any drugs, tested negative for drug use, maintains an excellent GPA, and the only strike against them in their disciplinary record is from failing to return directly to class while using a hall pass to go to the restroom. If feel charges are overkill, but could they be possible?
Typical 'zero tolerance' management response from a bureaucratic organization, requires no thinking.
Your son's approach to responding does require thinking because they (the school) hold all the cards.
Seek out a local attorney ASAP and consult about best next steps.
In theory, I think he/she could be charged. In reality, I truly hope the local authorities have better things to do. But the school seems to be trying to send a message that it takes this matter seriously, and does not want school facilities to be used for manufacturing drug paraphernalia (even as a joke, as children often do). If you can possibly afford it, I would suggest that you contact an experience local criminal defense attorney NOW, and not wait until the authorities have made a decision on bringing a charge. The attorney can get in touch with a local prosecutor or police officer and explain what happened, putting your child in the most favorable light. Some of the best work I have ever done for criminal clients occurs when I get invovled before a decision on charges has been made.
I think your child should also write a letter of apology to the school principal and the teacher of the ceramics class. Don't send the letters yet-- run them by the attorney first, and send them only if the attorney agrees it is a good idea. You want the school to know that your son/daughter recognizes his mistake and wants to make amends. Good luck to you and your family. This can be a frightening experience, but a year from now, hopefully it will only be a bad memory.
Many things can happen here, including your child being allowed to participate in a diversion program. If charges are filed, it will probably be handled in juvenile court. The item doesn't have to be used to be considered drug paraphernalia. Whether it is drug paraphernalia will be an issue the defense attorney can challenge if and when charges are brought.
Yes, it's possible. However, I certainly hope prosecutors have better things to do. If criminal charges are brought an attorney can assist your child with a defense or negotiating an agreement on your child's behalf.
