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Florida Criminal Law

School Grounds Arrest

Knowing Your Rights Can Help You Fight an Arrest Occurring on School Grounds…

HAVE YOU BEEN ARRESTED OR CHARGED ON SCHOOL GROUNDS

CHARGED WITH DISRUPTING AN EDUCATIONAL INSTITUTION IN FLORIDA?

Not every school fight, not every event which draws students’ attention amounts to a criminal charge of disrupting an educational institution.  If you or a loved one has been criminally charged with disrupting an education institution in violation of Section 877.13, then you need to read this Article.

A recent case decided by the Florida Appellate Court related to charges which arose when the juvenile who was charged started a fight with another student on school premises.  The judge found that the trial court made an error when it failed to grant the juvenile’s motion to drop the charges.  According to the case, the State did not present sufficient evidence of a “specific intent” to disrupt school activities or any “material disruption” resulting from the juvenile’s conduct.

In H.N.B., a child v. State of Florida, No: 4-D16-3111  (Fla. 4th DCA, July 19, 2017), the Fourth District Court of Appeal granted a juvenile’s appeal from the Circuit Court’s disposition order finding the juvenile guilty of disrupting an educational institution in violation of Section 877.13, Florida Statutes (2016).

The Court determined that not every school fight and not every event which draws other students’ attention amounts to disrupting an educational institution in violation of Section 877.13(1)(a), Florida Statutes.  The Court distinguished earlier precedent where a juvenile incited two other students to fight in the cafeteria; resisted a school employee’s numerous attempts to control his behavior; caused other students to get louder and crowd around the other students; interfered with the serving of breakfast; and had to be forcibly escorted by two other school employees from the cafeteria.

If you are charged, it is critically important to retain a Lawyer with an understanding of the ins and outs of your criminal case.  This is especially important when a case involves a juvenile.  Always make sure your Lawyer reviews the charging documents in any criminal case to determine if the State can prove and meet each element of a charged crime.  This is what you are paying your Lawyer to do.

We will help you protect you against improper charges in a court system that you may not fully understand.  We will carefully review the charges and seek to have them dismissed.  Why not take back the control of your situation by being equipped with the real representation you need to win your case.

If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE consultation

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