cellphone cluster

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flukcj

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My 18yo son is a lifeguard at a city pool. He and the other lifeguards routinely toos each other in while messing around and doing what kids do. This one particular instance he picked up one of the girls to throw her in. As they were walking to the pool he asked her 3 times if she had anything in her pockets, to check her pockets etc (to make sure nothing was going to get wet that shouldn't) she denied having anything in hert pockets just went on with the game not yelling screaming or anything. Sure as .... (you know what) she came up out of the water with her phone! My son felt bad initially said he'd pay for her phone. He came home and brought it to my attention and told him she was just as responsible as he was for having it in her pocket and then denying it! I told him they should split the cost and that should be enough. Well her Daddy showed up at the pool a coiuple of days later and got in my son's face about wanting him to pay him for the phone he had to buy, he was rude, intimidating and basically bullied my son into saying he's pay for the phone. My kid did the yes sir sir bit and maitainde his cool and posture even after the guy insinuated "the tires on my daughter's car better be fine when she leaves here" yada yadaThis scene of course was witnessed by several members of the pool staff as was the pool event. Bottom line is after the pool managers called the guy and requested he go through management rather than disrupting the workplace he told them he was charging my son with damaging his property and sexual harrassement. Next thing we know the PD is at the pool takling statements etc. This officer knows both family's and ultimately wrote my son a ticket for damaging property. He told my son the guy wasn't trying to ruin his life, he could take the ticket, pay for the phone and it would all go away.
WELL the prosecuting attorney was very clear in letting me know he's there to prosecute cases and just because he pays for the phone does not mean he'll drop the charges. All of this over a stinkin cell phone and kids playing. My kid is on scholership for college and wants to go to med school. I don't exactly have 1G to spend on a lawyer. Single mom 2 kids in college. We are going to "Friday court" this week. I have spoken to 2 lawyers one had a DA with him and they were both amazed, and told me to make sure he didn't plead guilty, somebody today told me not to take the deffered judment because he would always have to disclose it, one of the lawyers said if it were his kid he's fight all the way., I read the muni code it states the defendant "intentionally, knowingly, recklessly causing damage to another's property without their consent' If she told him she didn't have anything in her pockets but did is he still responsible. What we were thinking of doing at the arraignment was seeing if we pay for the phone and no deferred judgment. My kid want's to go to med school and youi can't get in with a record! I don't know the nuances of the law interpretation enough to be sure what to do.
The officer told me it would be a slum dunk guilty verdict and he would have a record if we tried to fight it and we had to decide right then and there without appropriate counsel.

I'm sorry this was so long

CJ
 
Plead not guilty and fight it. Take witnesses that heard the girl say she did not have anything in her pockets. Seek legal counsel the best you can. If your son is 18 he can request a court appointed attorney at the plea hearing.
 
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