Going over how and why your child can get expelled for cyberbullying in California and speaking with a California juvenile criminal defense attorney at the Law Office of Katie Walsh, who can defend them, will allow your child to remain in school.

What Is Cyberbullying?

The definition of “cyberbullying” is as follows: when an individual uses a computer, cell phone, or other electronic device to inflict harm, demean, or cause pain to another individual.

Just as an example, if a student uses Instagram to send demeaning messages and nasty comments to another student, then that would be considered cyberbullying.

On its own, cyberbullying is not, specifically, illegal within the state of California. But, there are two crimes that can be, and often are, considered cyberbullying in the state of California:

• If someone intentionally places another person in reasonable fear for their safety, or the safety of their family, using a method – or methods, for that matter – of electronic communication, then they can be charged with a crime.
• If someone electronically distributes, publishes, emails, or makes available someone else’s personal information with the intent of harassing that person or inciting/producing an unlawful action, then they can be charged with a crime in the state of California.

Every single one of these crimes is rooted in illegal electronic conduct and harassment, the latter of which is defined as a knowing and willful course of conduct directed at a specific person for no legitimate purpose.

Can Your Child Get Expelled For Cyberbullying In California?

If your child is accused of cyberbullying, and if there appears to be merit to this accusation, then they can be suspended or expelled from their school.

Even though the above is true, your child can only be expelled from cyberbullying if at least one of the following conditions is met:

• The cyberbullying occurred while going to, or coming from, school.
• The cyberbullying occurred on school grounds.
• The cyberbullying during the school lunch period.
• The cyberbullying while going to, or coming from, a school-sponsored activity.

If any one of the conditions is met, then your student can be expelled for cyberbullying. But, in order for that to occur, the cyberbullying they have been accused of must meet one of these conditions:

• The cyberbullying caused the victim to experience substantial interference with their academic performance.
• The cyberbullying caused the victim to experience substantial interference with the school activities, services, and privileges they enjoy/partake in.
• The cyberbullying caused the victim to experience substantial interference with regard to their physical and mental health.
• The cyberbullying placed the victim in a state of fear due to the potential for harm regarding themselves or their property.

Just as an example, if an act of cyberbullying caused a student’s academic performance to weaken, then the student who instigated this cyberbullying could be expelled from the school they are currently enrolled at.

Speak With An Orange County Juvenile Criminal Defense Lawyer Today

Your child is entitled to a hearing that must occur before they are officially expelled. During this hearing, your child can, with the help of their lawyer, demonstrate and protect their innocence.

Speak with an Orange County juvenile criminal defense lawyer at the Law Office of Katie Walsh today, and we will assist your child in obtaining the best possible legal outcome.

1.  Experienced Legal Guidance

A criminal defense attorney can review the details of your child’s case is determining the best legal strategy. Depending on the specific offense and facts in your child’s unique, a juvenile defense attorney may be able to get the case dismissed. When that is not possible, they can negotiate aggressively for the lowest possible sentence, such as house arrest, community service, or probation.

If you are child has already been sentenced, an experienced attorney may be able to get the sentence reduced or get time served. Your attorney can also guide you through the process, which can be complicated and overwhelming, especially if this is the first time you’ve experienced the process.

2. Speeding up the Process

Juvenile cases in California can drag on for a significant amount of time, and Orange County Juvenile Courts are currently overwhelmed with cases. Hiring an experienced juvenile defense attorney may allow your attorney to speed up the process as much as possible so your child isn’t incarcerated or dealing with the juvenile justice system any longer than is necessary.

3. Protecting Your Child’s Rights and Interests

When children and family members do not understand their legal rights, they are vulnerable to abuse in the justice system. A juvenile defense attorney knows your rights and will protect you against violations from police or other members of the juvenile justice system. An attorney will work with your best interests in mind and help you understand your options so you and your child can make informed decisions regarding your child’s case. For example, an attorney can help you understand the benefits and potential negatives of accepting a plea and the trial process. Your attorney can also explain the types of hearings your child may need to attend.

4. Protecting Your Child’s Future

Working with an experienced attorney can mean the difference between a successful outcome in your child’s case and a negative outcome. Youth offenders are more likely to become repeat offenders later in life without the proper support and representation. Working with an attorney who understands the issues involved in juvenile delinquency can help you protect your child’s future.

Schedule a Free Initial Consultation with a Juvenile Defense Attorney

Was your child arrested for committing a crime in Orange County? If so, you and your child will benefit from working with an experienced juvenile criminal attorney. Having a skilled Orange County juvenile defense attorney on your child’s side will level the playing field and increase the chances of a positive outcome. Contact the Law Office of Katie Walsh today to schedule a free, no-obligation consultation to learn more about how we can help protect your child and his or her future.

• The prior record of the juvenile offender
• The gravity of the offense
• Whether the juvenile Inflicted serious bodily harm on the victim
• The victim status
• Other factors

Read on as the California juvenile defense attorney at the Law Office of Katie Walsh discusses juvenile sentencing.

1. Informal Juvenile Probation

Welfare and Institutions Code Section 554 or 725 allows for informal juvenile probation as a sentencing option when a petition is filed. Informal juvenile probation usually involves a period of supervision for six months or less. The minor will usually enter a drug or alcohol treatment program with the participation of the parents. The minor can be subjected to a curfew, may have to make restitution, and be subjected to drug testing. Informal juvenile probation is usually used for first-time offenses such as trespass, vandalism, and some drug-related charges.

2. Diversion

After a petition has been filed, the parties may agree to a diversion program. The probation office can formulate a unique plan for the child that may include the participation of the parents in a treatment or education program for up to 6 months. The parents may have to attend parenting programs, and the juvenile could be sheltered within a community facility for up to 90 days. When the diversion program is successfully finished, no petition will be filed, and the matter will be dismissed.

3. Deferred Entry of Judgement

When a juvenile admits to the allegations against him or her, the disposition could be that of deferred entry of judgment (DEJ). A deferred entry of judgment is for a low-level offense. It doesn’t include violent felonies, sexual assaults, crimes involving firearms, or gang-related crimes other than the 30 specific crimes mentioned in W&I Section 707(b).

4. Formal Juvenile Probation

When the child is declared a word of the court, he or she can be sentenced to formal probation. Formal probation can be at the child’s home, a group home, a relative’s home, or a camp if the minor needs more structure. The court can require any terms that the minor must comply with during the probationary period, including mandatory School attendance, curfew restriction, community service, and more. 

5. California Division of Juvenile Justice (DJJ) Commitment

Another disposition involves a commitment to the California Division Of Juvenile Justice (DJJ). Commitment to the division of Juvenile Justice usually happens when juveniles have committed serious felonies or crimes for which Sex Offender Registration is required. 

Contact an Experienced Orange County Juvenile Justice Attorney

Has your child been arrested and charged with a criminal offense or status offense in Orange County? If so, you may have concerns about your child’s future and the disposition of his or her case. Attorney Katie Walsh is an empathetic Orange County juvenile attorney with extensive experience representing clients in the juvenile. Contact the Law Office of Katie Walsh to schedule a free initial case evaluation and learn more. 

1.  Experienced Legal Guidance

A criminal defense attorney can review the details of your child’s case is determining the best legal strategy. Depending on the specific offense and facts in your child’s unique, a juvenile defense attorney may be able to get the case dismissed. When that is not possible, they can negotiate aggressively for the lowest possible sentence, such as house arrest, community service, or probation.

If you are child has already been sentenced, an experienced attorney may be able to get the sentence reduced or get time served. Your attorney can also guide you through the process, which can be complicated and overwhelming, especially if this is the first time you’ve experienced the process.

2. Speeding up the Process

Juvenile cases in California can drag on for a significant amount of time, and Orange County Juvenile Courts are currently overwhelmed with cases. Hiring an experienced juvenile defense attorney may allow your attorney to speed up the process as much as possible so your child isn’t incarcerated or dealing with the juvenile justice system any longer than is necessary.

3. Protecting Your Child’s Rights and Interests

When children and family members do not understand their legal rights, they are vulnerable to abuse in the justice system. A juvenile defense attorney knows your rights and will protect you against violations from police or other members of the juvenile justice system. An attorney will work with your best interests in mind and help you understand your options so you and your child can make informed decisions regarding your child’s case. For example, an attorney can help you understand the benefits and potential negatives of accepting a plea and the trial process. Your attorney can also explain the types of hearings your child may need to attend.

4. Protecting Your Child’s Future

Working with an experienced attorney can mean the difference between a successful outcome in your child’s case and a negative outcome. Youth offenders are more likely to become repeat offenders later in life without the proper support and representation. Working with an attorney who understands the issues involved in juvenile delinquency can help you protect your child’s future. 

Schedule a Free Initial Consultation with a Juvenile Defense Attorney

Was your child arrested for committing a crime in Orange County? If so, you and your child will benefit from working with an experienced juvenile criminal attorney. Having a skilled Orange County juvenile defense attorney on your child’s side will level the playing field and increase the chances of a positive outcome. Contact the Law Office of Katie Walsh today to schedule a free, no-obligation consultation to learn more about how we can help protect your child and his or her future.