Is it legal to question a minor under the influence of a controlled substance on school property without a parent or guardian present at the time of questioning?

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Is it legal to question a minor under the influence of a controlled substance on school property without a parent or guardian present at the time of questioning?

Also, is it legal to press felony charges after agreeing to the charges in front of a judge after being told to agree by your attorney? is it also legal to press charges after agreeing to acknowledging being told you were gonna be charged with these is there was a false statement and no physical evidence of the “controlled substance” of being falsely accused of distributing and possessing?

Asked on April 23, 2013 under Criminal Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need a lawyer. The answer is most likely yes to all of your questions but again, you need a lawyer to determine if the student was indeed under the influence and on school property (if so, zero tolerance trumps many things) and depends on who is questioning the minor. Yes, the plea agreement could be denied and/or there may be other charges that need to be brought based on evidence not yet in evidence. As to false accusations, your lawyer needs to show there are false accusations and use those to file an appeal or file a motion to dismiss.


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