What to do if my daughter was charged with trespassing because she hung aroundher school after hours?

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What to do if my daughter was charged with trespassing because she hung aroundher school after hours?

My eighth grade daughter was told last week to go home after school. She was told that the school wasn’t responsible for her if she was staying 1 or 2 hours after school had ended, especially since she walked home. The Proctor (police at school) and the Vice Principal had told her not to hang around after school because of the problems that she had last year. She ended up getting into a fight after school was out. A girl beat her up. I was told that my child had instigated it. Also, they informed me that it wouldn’t have happened if she wouldn’t have been there.

Asked on March 17, 2011 under Criminal Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Go and speak with an attorney.  If she was there unsupervised - i.e., not in a club or something - then she could indeed fit under the description under the law or a trespasser and charged accordingly. It is private property remember.  BUT, and it is a big "but"so I capitalized it, if she is being singled out in any way then your concern needs to be vocalized.  Owners of private property can indeed discriminate as long as it is not discrimination that is against the law (like renting apartments only to white people or to those without children).  I would go and speak with someone on the matter.  Make sure to disclose the entire situation including the alleged fight that she started.  Good luck to you.


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