“BUT IT WASN’T A REAL GUN”: WHEN YOU ARE ACCUSED OF BRINGING A WEAPON TO SCHOOL

You and your friends love playing gags on each other. Today at school, you brought a squirt gun, and you thought it would be a riot to soak your best friend between classes. The squirt gun, while gray, looks too cheesy to be real, so you figure no one could possibly mistake it for a real gun, and besides, it only shoots water. But just as you take the squirt gun from your locker, school security pulls you aside. Next thing you know, you’re in the principal’s office facing expulsion.

What went wrong? What can you do?

With high profile school shootings in the news, schools have an understandable interest in maintaining school safety. The school feels it cannot be too careful in keeping weapons out of school. Besides that, the Gun-Free Schools Act requires any school receiving government aide to expel for at least one year any student determined to have brought a firearm to school.

But it was only a squirt gun, right? Nonetheless, under some the policy of some schools, even a look-alike weapon can result in disciplinary action.

If you find yourself in this situation, there is still hope. Maybe classifying your object as a “weapon” or “look alike” is too big of a stretch even under the school weapon policy. Maybe the school failed to follow proper procedure in disciplining you. Maybe you can still obtain a reduced sanction. An experienced attorney can help determine the best strategy to fight the charges. Besides evaluating your options, an attorney can help prevent you from digging yourself into a deeper hole by advising you not to talk about the case or to take down your Facebook or My Space page.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com for advice.

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