Can a high school student be kicked out of school if another student/s accuse him of sale drugs. whats his rights?

UPDATED: May 29, 2009

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Can a high school student be kicked out of school if another student/s accuse him of sale drugs. whats his rights?

Asked on May 29, 2009 under Criminal Law, Virginia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It depends.  Did the kid's locker get searched and if so, were drugs found? Normally, based on case law, students do not have a privacy right to the locker. 

Was there corroborating evidence? In terms of this student's rights, if he does not sell drugs, and he was kicked out, then he should speak to a lawyer.  If he does sell drugs and got caught, he should consult with a lawyer.  Is he over or under 18?

Try and check his or her record at the Virginia State Bar.

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