Prepare to fight if your child is scheduled for an expulsion hearing for drug sales. You are not alone. This is one of the most common offenses for which students are expelled in Orange County, California. Schools are the front line of the war on drugs. Possession and/or sale is almost always a ticket to an expulsion hearing. Between possession and sale, sale is the more easily defended because proof of the offense is often a he said/she said affair.
GOVERNING ED CODE
The governing ed code for this is 48900 (d) which states…
(d) Unlawfully offered, arranged, or negotiated to sell a
controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
SPECIAL EDUCATION/504 EXPULSION PROTECTIONS
As in any school discipline case, you must determine if the law provides your child with special rights due to a disability. If your child is currently attending school with either a 504 or an IEP, they have rights. These rights are applicable to a defense for sale of a drug. Any defense here must show that the sale was related to their disability. Especially relevant are such things as impulse control problems, failure to understand right versus wrong, and susceptibility to peer pressure. These things show that the student’s actions were caused by their disability.
Lacking such rights, the most viable course of action is to dispute the truthfulness of the witness(es). Keep in mind here that usually the witnesses have their own issues. To win you must show that the person or persons accusing your child has a motive to lie. There is often little evidence here other than the witnesses to the sale. Importantly, through analysis of the facts and skillful questioning, often weakness and inconsistencies in their story(ies) can be used to score a win.
Additionally, procedural deadlines and requirements are sometimes unmet. The outcome is important. Have an individual knowledgeable in school expulsions review the paperwork, and determine whether all these important procedural requirements were met.
Finally, please do not minimize the importance of avoiding a school expulsion for your child. Keep in mind, you have a legal right to bring a lawyer to the expulsion hearing, 48918(5). Relevantly, I offer relatively inexpensive flat fee rates. Therefore, you will never be surprised by a big bill if you retain my firm to represent your child.
Finally, if you are unable to afford an attorney, review this helpful guide.