If my son was caught with a weed pipe that wasn’t his in his pocket at school, what are our legal rights to prevent him from being thrown out?

There was already a formal hearing with a hearing officer and they said he has to be transferred. I do not want my son being held responsible for someone else’s weed pipe. It is my boyfriend’s pipe and he is willing to come forward to tell the school but they say it is too late.

Asked on November 1, 2011 under Criminal Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to resolve the situation is to retain an attorney experienced in education law to represent your son concerning the situation where he was caught in possession of a pipe used to smoke marijuana. Even though it is not his, he was still found in possession of an item that is not allowed on school grounds and the end result could be his expulsion from school.

The problem from what you have written is that your son had this pipe in his possession which is owned by your boyfriend. If this is so, the excuse for having the pipe on your son's possession does not look good due to the presumed use of a controlled substance by your boyfriend.

Good luck.

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