[ScottGem]

Here's the problem I see. All of the arguments you are making are all well and good but they are arguments for court. Your son is being charged with assault. The only defenses are a) he didn't do it or b) he was protecting himself. That's it!

You can present other evidence at trial to try and convince a jury that there were extenuating circumstances that the attack was planned, etc. But, again, that is for court.

So I'm not clear what your question is or how we can help you.

[Fr_Chuck]

Which is the issue, it is very likely that the events of the first problem, and any romantic issue may not even make its way to trial, and if it does only for sentencing which is not where you want to end up.

Now the question I did not ask and do not see.

1. Is he being charged as a Juv or as a Adult.

If charged as a adult, fairly well just the events that happened, then will be used,

If as a juv, anything from his school grades, teachers opinion of him and romance will be or can be looked at, ( depending on the judge and the juv case worker)

After she attacked him, HIS exact actions, his exact words as remember and testified to will be the key elements in this.

[Eddie monroy]

Which is the issue, it is very likely that the events of the first problem, and any romantic issue may not even make its way to trial, and if it does only for sentencing which is not where you want to end up.

Now the question I did not ask and do not see.

1. Is he being charged as a Juv or as a Adult.

If charged as a adult, fairly well just the events that happened, then will be used,

if as a juv, anything from his school grades, teachers opinion of him and romance will be or can be looked at, ( depending on the judge and the juv case worker)

After she attacked him, HIS exact actions, his exact words as remember and testified to will be the key elements in this.

Hes a juvenile. Never had violence isses in school. This would be the first time, documented, as him as the aggressor. Everyone loves him at school. They call him "bear" or "little bear". Plays guitar in school. Very socialable. Very small build. Almost anerexic , if you will. No angel, by no means but definitely not the monster they have him painted out to be. This whole incident took less than 5 seconds! How do you chock someone to unconscipusness, with one hand, in less than 5 seconds? Guess I'm trying to map out stratagy. Don't trust cpunsel. The evedence is questionable, as are the witnesses. I think it was planned. Almost empty room, my son was there on time, and no staff was there mpnitoring the room. Im a father trying to keep my sons name clear. So, I'm looking at my options for defense. Im blown away that anyone can put there hands on someone else, after a legitimate retreat
, that in the state of Michigan that he did not have to do, is now the defendant in an assault and battery case. The report clearly lays out assault on her part, and retreat and self defense on his part. There was a case @ 2 years ago at a gas station, outside, by the gas pumps, with full oppurtunty to retreat was available, a man was approached by a known aggressor. He pulled out his pistol and shot him in the head, almost point blank, and NO CHARGES. JUSTIFIED HOMICIDE. I don't get it. If my son were 6ft 180lbs, OK, maybe. He was in a room with only one exit, she was between him and the door. She struck him. What's he to do? They didn't do a dam thing to the female aggressor in the 2011 incident. So, you have what we have today. Charged on moralistic, gender bias laws? That's sucks! Its " We the people", not" We the females" or is it?

[JudyKayTee]

So, you have what we have today. Charged on moralistic, gender bias laws? Thats sucks! Its " We the people", not" We the females" or is it?

Never a good idea to insult the very people who are trying to help you. If you see this as a gender basis issue you are going to lose.

If you attempt to interfere with your son's attorney, likewise, you are going to lose.

But "we the females?" Come on - this is the same as every father who loses a custody battle and argues female bias.

[Eddie monroy]

Never a good idea to insult the very people who are trying to help you. If you see this as a gender basis issue you are going to lose.

If you attempt to interfere with your son's attorney, likewise, you are going to lose.

But "we the females?" Come on - this is the same as every father who loses a custody battle and argues female bias.

Hold on, this is an offensive against females. By no means. And I respect your position and greatly appretiate you input. Im asking, as to the state of mind, of the powers that be at the school system. Why did they not respond with the same actions when it was my son, sitting at his desk, both feet on the floor, butt in the seat, gets slapped by a 200# female with a very widely know record with law enforcement, getting assaulted then. I have 4 STAFF witnesses that can verify all of this. I asked if subpoenas were in order and if I could conduct an inquiry thrpugh the courts. I guess I can. Im no attorney, but I know a civil rights infraction has taken place. This is no attack on anyone's gender. I question the motives.

[ScottGem]

Have you had a. Conference with the DA? Do you know why they are pursuing the case if its questionable?

[JudyKayTee]

Hold on, this is an offensive against females. By no means. And i respect your position and greatly appretiate you input. Im asking, as to the state of mind, of the powers that be at the school system. Why did they not respond with the same actions when it was my son, sitting at his desk, both feet on the floor, butt in the seat, gets slapped by a 200# female with a very widely know record with law enforcement, getting assaulted then. I have 4 STAFF witnesses that can verify all of this. I asked if subpoenas were in order and if i could conduct an inquiry thrpugh the courts. I guess i can. Im no attorney, but i know a civil rights infraction has taken place. This is no attack on anyones gender. I question the motives.

The only way to know is to ask. Agree with Scott - has any of this been turned over to the DA?

I don't think it's a civil rights issue, by the way. Why one circumstance is treated different from another is the question. It could be anything from which party the staff likes "better" to just about anything else.

I agree that this appears to be prejudicial. I'm just not so sure why.

I do understand you are very pro-active where your son is concerned and when so many parents just don't seem to care that is very impressive. I just think you are making more out of a simple case than you need to.

I think you are getting tangled up with "what ifs" and "why nots" and that just complicates things.

[Eddie monroy]

Hold on, this is an offensive against females. By no means. And i respect your position and greatly appretiate you input. Im asking, as to the state of mind, of the powers that be at the school system. Why did they not respond with the same actions when it was my son, sitting at his desk, both feet on the floor, butt in the seat, gets slapped by a 200# female with a very widely know record with law enforcement, getting assaulted then. I have 4 STAFF witnesses that can verify all of this. I asked if subpoenas were in order and if i could conduct an inquiry thrpugh the courts. I guess i can. Im no attorney, but i know a civil rights infraction has taken place. This is no attack on anyones gender. I question the motives.

I must appoligize for my gramatical errors, my fingers are fat and the smart phone has tiny press points. I get going and leave words out as well. Let me repeat. THIS IS NOT AN ATTACK ON FEMALES! Im new to all this technology stuff. Had a "clam shell" up to about a year ago. Stumbled on to your site out of desperation. Not trying to start ANY controversy. Im single, custodial father. I gained custody through my own means and the mother is non existent. Im trying to save my son.

[Eddie monroy]

Have you had a. Conference with the DA? Do you know why they are pursuing the case if its questionable?

Sir, I have a theory, but its mine to ponder. Fact of the matter is,If he's found guilty then any rights violation is off the table. That protects the school. They thought we'd jump at a plea deal that paints out my son as a criminal. No deal. What we have is a group of people, that may or may not, have been mislead by a few individuals and they let there emotions get the best of them and they pushed the "redbutton. I reviewed the evidence against him. One photo. Sketchy. Obvious self infliction. Anyway, was just lookingfor angles or oppinions. I appretiate everones help and tolerance for me.

[JudyKayTee]

I must appoligize for my gramatical errors, my fingers are fat and the smart phone has tiny press points. I get going and leave words out as well. Let me repeat. THIS IS NOT AN ATTACK ON FEMALES!! Im new to all this technology stuff. Had a "clam shell" up to bout a year ago. Stumbled on to your site out of desperation. Not trying to start ANY controversy. Im single, custodial father. I gained custody through my own means and the mother is non existant. Im trying to save my son.

I appreciate that, I truly do - but you are getting ready for a Court battle. Carefully considering your words here is step #1 to considering your words in Court.

I can see where you are coming from, how much you care.

When you come to AMHD seeking advice you are going to get advice you may not want to hear. A lot of that on the law boards includes watching your temper and your tongue. Your words will live to haunt you.

I'm not upset, I'm truly not. Be very careful not to dilute your case with discussion/argument that really is immaterial.

[Eddie monroy]

I appreciate that, I truly do - but you are getting ready for a Court battle. Carefully considering your words here is step #1 to considering your words in Court.

I can see where you are coming from, how much you care.

When you come to AMHD seeking advice you are going to get advice you may not want to hear. A lot of that on the law boards includes watching your temper and your tongue. Your words will live to haunt you.

I'm not upset, I'm truly not. Be very careful not to dilute your case with discussion/argument that really is immaterial.

Thank you as well. Not upset either. I am thankful for everyone's input.

[ScottGem]

Sir, I have a theory, but its mine to ponder. Fact of the matter is,If hes found guilty then any rights violation is off the table. That protects the school. They thought we'd jump at a plea deal that paints out my son as a criminal. No deal. What we have is a group of people, that may or may not, have been mislead by a few individuals and they let there emotions get the best of them and they pushed the "redbutton. I reviewed the evidence against him. One photo. Sketchy. Obvious self infliction. Anyway, was just lookingfor angles or oppinions. I appretiate everones help and tolerance for me.

So you did have a conference with the DA and all they did was offer a plea deal? Remember, you know what you have experienced, but we don't so you need to answer questions specifically.

So the bottom line here seems to be you are going to court. So you need to prepare. Consult with your attorney on what your strategy will be. How the case will be presented to the jury.