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Common Reasons Children Are Arrested at School
According to Education Week, 18% of California schools have on-campus police today. Every year in California about 9,500 juveniles are arrested in school. Sadly, black students are arrested 7.4x more often and Hispanic students 6.9x more often than white students. Understanding the common reasons behind these school arrests is crucial in order to protect and advocate for our children’s rights.
Top Reasons Children Are Arrested at School
Assault Crime Arrests at School
Assault-related offenses rank as the second most frequently committed crimes in California schools. These offenses range from minor fights to severe battery offenses. Although many simple assaults are classified as misdemeanor offenses, cases involving serious bodily injury or the use of weapons can elevate the charges to a felony.
In delinquency courts, the District Attorney files a petition outlining the allegations against the minor and the charges they face. Unlike adult criminal cases, where posting bail is often an option for securing release pending the resolution of charges, juveniles do not have bail privileges. The judge can require the minor to remain in custody until the petition is resolved, or they may allow the minor’s release to their parents with a strict curfew and other requirements.
Property Crime Arrests at School
Property crimes are the most prevalent types of juvenile school arrests. This encompasses various theft crimes like grand and petty theft, as well as vandalism as defined by California Penal Code Section 594. With the increasing number of minors owning expensive items such as cell phones and laptops, we, as Orange County juvenile defense lawyers, have seen a notable rise in theft-related incidents in the California school system.
When the value of the stolen property is under $950, a minor can be charged with petty theft under California Penal Code Section 484, which is always treated as a misdemeanor offense. However, if the value of the property stolen exceeds $950, the minor can be charged with grand theft.
Vandalism is another common property crime committed by minors at schools. Vandalism can be charged as either a misdemeanor or a felony depending on the value of the vandalized property and the juvenile’s previous record.
Zero-Tolerance Policies and Overreactions
Schools often have zero-tolerance policies in place for certain behaviors, such as drug possession or physical altercations. While these policies are intended to maintain a safe environment, they can lead to overreactions and unnecessary arrests. For example, a student may bring a pocket knife to school for a legitimate reason, unaware that it violates the school’s zero-tolerance policy. In such cases, the student could face arrest and potential legal consequences.
Orange County Juvenile Defense Lawyer: Protecting Your Child
The Law Office of Katie Walsh handles juvenile criminal matters exclusively. Our Orange County juvenile defense attorneys have extensive experience and are dedicated to providing personalized and compassionate representation. To speak to a juvenile lawyer today, contact our office. Don’t let your child become a victim of a blanket school policy or systemic discrimination in the education system—we can help!
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