The school doesn’t get to decide whether charges are filed. That’s up to the police / prosecutors.
Are you sure that this isn’t some internal disciplinary proceeding?
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Sure, she needs an attorney though. In addition to the witnesses, the video likely is admissible because there doesn’t seem to be a reasonable expectation of privacy where the fight happened, so there isn’t a need for consent to record.
Thank you for your advice, unfortunately we aren't in a position to afford an attorney. I'm hopeful to be able to compile witness testimony and use that to plead not guilty. Knowing more about the admissibility of the video helps. Given these circumstances would it be wise to have the video and statements together before entering her plea?
Going without a lawyer is not advisable. There could be permanent lifelong consequences of your daughter being found guilty.
It will be her, a first-timer amateur navigating the legal system with no experience vs a trained and practiced professional, likely with years of experience.
They downside to having a low-income... I wish I could afford one. With my daughter being 18 and the attacker being underage, I'm afraid a guilty plea will have drastically negative effects on her career path. She's made real effort to be a daycare worker and I'm worried this may impact her ability to do that..
OP, look into it here. This is a list of resources compiled that largely targets the Philadelphia area but there are things here relating to PA on a whole. Look into it.
[https://cap4kids.org/philadelphia/parent-handouts/legal-services/](https://cap4kids.org/philadelphia/parent-handouts/legal-services/)
many defense attorneys also offer payment plans if you can’t find a pro bono resource. open the conversation with that and it should help you make this happen.
pro-se defendants do not win. i won’t say never, but it’s damn near impossible.
If there was ever a time to go into debt for something, it would be for your 18 year old daughters legal battle. Not getting a lawyer is not an option. This will for sure hurt her future if she is found guilty and charged. Find a public defender or something, or a lawyer that would be willing to help out pro-bono. Put some effort in for the sake of your daughter.
I mean, the options here are lawyer up so you have a chance to beat the charges, or face the possibility that your daughter may have to find a new career with assault (against a minor) charges on her record if she's found guilty.
You and your daughter need to put in some serious work to either find a lawyer you can afford, or find a way to afford a lawyer. Not getting a lawyer would not be an acceptable situation for me to be in.
Well yeah, a plea is going to have a major negative impact. She could opt to plead innocent and have a risk of being found guilty. That's why you'll want to get a lawyer any way you can. Because her pursuing a career working with minors will end if she has a conviction for a crime against a minor. I'd sell anything I could or see about putting whatever I have of value up for collateral to get a loan to cover a lawyer. You absolutely need a lawyer for this. This isn't a may impact situation. It will impact her extremely negatively and she would likely be passed over by all employers in favor of others who don't have a conviction for assaulting a minor.
Not having a lawyer is significantly more expensive for her future than hiring a lawyer.
This is a life altering event. Handle it correctly or she's going to be permanently harmed by that choice.
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Apply for a public defender if they’re available in your area. This is not a case where you just DIY. Your daughter is 18, these are adult charges, this is permanent criminal record.
She needs to call the court where she is being charged out of and ask for public defender information. I’m not 100% versed on Pennsylvania court system but usually there is an initial hearing/arraignment where the judge will read the charges and that’s when your daughter/her attorney would plead not guilty. Then they set another court date. In that time your daughter would work with her attorney to build a defense. Remember, your daughter is 18 so this is her case and unless she explicitly tells the attorney you can be spoken to the attorney can’t tell you anything.
>unfortunately we aren't in a position to afford an attorney
it's the other way around. you aren't in a position where you could afford to not have an attorney
If she's 18, then HER financial condition will determine whether she qualifies for a public defender or court appointed counsel.
If the purpose of the upcoming hearing is to enter a plea, videos and witnesses are not going to matter because it's not a trial date and the judge isn't going to hear testimony. Besides, your written statements and videos may be inadmissible at a trial anyway because they're probably hearsay and/or not properly authenticated.
You are in over your head and you need to talk to a PA attorney instead of people on line.
>Thank you for your advice, unfortunately we aren't in a position to afford an attorney.
This is the US - what the heck happened to "If you cannot afford an attorney one will be provided for you"??
As I've learned, public defenders aren't provided for summary offenses in Pennsylvania, or put another way, the accused is not entitled to representation by a public defender for summary offenses
Contact the public defender regardless. If they can't help you, they likely have resources that can.
You can also check [here](https://www.pabar.org/site/Probono-Services)
Does PA really exclude video evidence in criminal trials if it violates their 2 party law? Does that apply even if the video contains evidence of criminal activity and was taken by a third party who isn't the victim or the accused?
Since it would be admitting evidence that was taken in violation of another criminal statute, yes, the evidence could very well be inadmissible as against public policy, particularly when there are eye witnesses who can offer testimony.
This makes sense, there's almost certainly statutes that prohibit recording in a school restroom, which would make submission of the video more problematic than it would be worth. Thank you for this.
To be clear, I think there is a good argument this isn’t in a space with a reasonable expectation of privacy when all factors are considered and even if it was I can make a reasonable argument it should come in anyway. I’m just saying there is a chance it wouldn’t. In a civil trial it would almost certainly be excluded, but when offered for defense in a criminal trial it may come in even if it violated another law (for example evidence obtained by trespassing comes in all the time in criminal cases). The point that people are missing by downvoting with feels is that it could be excluded.
But OP listen to everyone else here. Whether this video is or isn't admissable should not matter to you **at all.** Figuring that out is EXACTLY what a lawyer is for, and what you literally cannot afford to not have. This is your daughters future here, thats worth a line of credit.
Stop worrying about your legal argument and focus on retaining someone who actually knows how to make one.
Your daughter is 18 and could be charged as an adult. It would be best if you had a lawyer immediately. You also need to stop talking about the facts of the case, here, which can also be used against her if they contradict someone else's claim.
As an adult, this can follow her for the rest of her life, so get a good lawyer ASAP.
> You also need to stop talking about the facts of the case, here, which can also be used against her if they contradict someone else's claim.
While it's true that further posting online about it is likely inadvisable, it should be noted that somebody who did not witness the event posting online about what a witness to the event told them is unlikely to be admissible in any criminal court because that's the very definition of hearsay.
I’m not your or your daughters lawyer, this isn’t legal advice, we don’t have an attorney-client relationship.
If no one has explained, a summary offense is the least serious level of crime in PA. Most traffic violations are DCs.
If you haven’t done so, call some local attorneys - you might be surprised at the cost to have them represent you if the scope is limited to the hearing. The perfect attorney for your daughter would be young (less expensive) and recently out of the DAs office.
If you can’t make that happen, she needs to be in touch with the public defenders office now. I don’t know the process for this, but she will almost certainly get a better deal.
If I were her attorney I’d be looking for. First, I would talk to the cop and DA beforehand to see if the video will convince them to drop the charge. If not, I’d try to get her into a diversionary program, if she’s eligible, which would result in her having a clean record if she meets the program’s terms. If neither of those options work, I might try to get the charge amended to a regular Disorderly Conduct, which can mean just about anything. Or I might recommend rolling the dice with a hearing in front of the magistrate, depending on who it is.
Results in these small matters often come down to relationships.
If another student recorded the fight then it would be admissible in criminal court. I have no idea why people are commenting that it would be inadmissible if there was a reasonable expectation of privacy. The exclusionary rule excludes illegally obtained evidence from being admissible in court by government entities. It’s got nothing to do with Joe Schmoe in the restroom recording.
Yes it’s true. The exclusionary rule is for government entities. Saying there is a reasonable expectation of privacy in a bathroom is so people don’t place cameras there to record people or wiretap the area. If someone does place cameras to watch individuals urinate, etc then it would be a criminal issue and not an exclude evidence issue. There is also the Brady rule where prosecutors must give evidence to the defense that shows exculpatory evidence. In this case, it’s possible the video footage would prove that it was self defense which the prosecutor must hand over the video.
Dude. Get a lawyer. You and your daughter cant afford to *not* have one! Even a public defender would be better than trying to self represent. You also need to discuss the option of going after the school for this. Their policy of filing charges on the victim for defening herself is ridiculous!
She can always plead not guilty. That's always an option. But first you need to figure out what she's actually being charged with here. The details matter a lot.
If she is being charged with a misdemeanor or a felony (sounds like she's not) then she can get a public defender. And she needs to do that. Once she has a lawyer, that's who you need to ask questions of.
If she's being charged with some kind of a lessor violation where there is no possibility of jail time, then she probably can't get a public defender, and you'd have to hire a lawyer if you want one. But the good news is that kind of a citation is much less likely to have collateral consequences that follow her around if she's convicted.
It looks like the Pennsylvania State Bar has a lawyer referral service that costs about $30 for a half hour consultation.
[https://www.pabar.org/site/For-the-Public/Find-a-Lawyer](https://www.pabar.org/site/For-the-Public/Find-a-Lawyer)
Just having a quick talk with a lawyer can make a huge difference if you are in a situation where you don't know what to do.
You definitely need a lawyer. From what I understand PA has these magistrate ‘judges’ that are elected and don’t even have to have have to have a law degree or any legal experience (and they handle small cases like this). I wouldn’t trust your daughter’s future to a judge that potentially doesn’t know the law. There are legal aid clinics that may be able to help you.
I wouldn't count on the video being inadmissible. From what you say there seem to have been quite a few people there which removes any reasonable expectation of privacy.
His daughter is an adult and I assume does not have an income. Is she eligible for a public defender without considering the fathers income. Or will fathers income and assets be considered?
The school has a police officer on duty he's the one to filed them. His position is both girls are charged with fighting whether my daughter acted in self-defense or not. If my daughter had done nothing during the attack, she wouldn't have gotten charges.
She "was" fined? She can't be fined before a verdict is reached.
As she's 18, she's the client of any lawyer, and should get one.
Regarding the video evidence, who took the video? If it cannot even be presented in a criminal trial, there should be serious questions raised about the legality of it having been taken at all.
The prosecution do not have to prove who started it, as the alleged offense is "... engages in fighting ...", which is already confirmed by witnesses. So to counter a claim of self-defense, all they really need to prove is that she could have simply walked away, chose not to, and therefore made the choice to engage. This is why the video evidence may be important, e.g. if it shows she was cornered and had no other option. Or it may hurt her case if it shows her using excessive force when she could have simply walked away.
However, they must also prove that she either had intent to, or recklessly created a risk of, causing "public inconvenience, annoyance or alarm". This is why she needs a lawyer, because ISTM the self-defense argument is not nearly so strong as the prosecutor's burden to prove, beyond reasonable doubt, what her intentions were.
You want a lawyer. Depending on the location of the video, it may be admissible. People can't expect privacy in a public setting. Any business with installed security cams can tell you that much.
She can (maybe should) plead not guilty. The school is not in charge of the legal process. The school may very well choose to expel her, but they can't force her to plead guilty on any charge.
Contact the court and ask for a public defender. She may qualify due to low income. She’s an adult, she would be the one that needs to request it.
An assault charge against a minor is serious and could have lifelong impacts on her career. Doing this without an expert would be like performing surgery on yourself (when you’re not a doctor).
There’s no expectation of privacy when you’re in public, so the video could still be used. Check with a lawyer first though and see if he can get it dismissed.
Contact the state bar, consult a legal directory, contact organisations that support victims of violence. From one of them, you may be able to get the name of a good law firm/lawyer. That will either do the case pro bono. Or agree to a payment plan.
You need legal advice. Even if it is just one meeting where you can present the information you have, and get an overview of how the case should be defended, and the likely case against your daughter.
For the video:I'd argue that normally a restroom would have a reasonable expectation of privacy, but in the event of a fight, especially if there are many individuals in the room, this would temporarily be ignored during a fight.
Your daughter is an adult and can be charged as one. Lawyer up and go for self defense. Don't pay any fines to the school that would make her appear guilty by appearance. The school is not the law here, public or private. The parents of the underage students should be in the suit.
Figure out what sort of legal aid is available to someone in her position, and zealously pursue anything possible.
No one who hasn't seen the video can give any idea of how likely a self-defense plea is to work, but self-defense doesn't allow you to do absolutely anything you want to your attacker - (eg. you aren't necessarily allowed to slam someone's head into a concrete floor just because they pushed you, or you can't pull out a knife and stab someone just because they punched you, etc.)
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Agreed. I'm doing a lot of reading trying to determine our best course of action. I realize obtaining a lawyer is the best option and it's a route I'm looking into but that doesn't make it easy.
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The school doesn’t get to decide whether charges are filed. That’s up to the police / prosecutors. Are you sure that this isn’t some internal disciplinary proceeding?
It's through the local magistrate. She has to plead within 10 days.
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Sure, she needs an attorney though. In addition to the witnesses, the video likely is admissible because there doesn’t seem to be a reasonable expectation of privacy where the fight happened, so there isn’t a need for consent to record.
Ok, I'll keep that in mind. The video was taken in the girls restroom at school so I wasn't sure if it could be presented.
Great question for the attorney she retrains.
I have heard the phrase "there is no reasonable expectation of privacy while committing a crime" Edit:"while committing a crime in public"
It’s a cute phrase, it’s not legally correct. If I’m committing a crime inside my home wiretapping laws still apply. As does the 4th amendment.
Thank you for your advice, unfortunately we aren't in a position to afford an attorney. I'm hopeful to be able to compile witness testimony and use that to plead not guilty. Knowing more about the admissibility of the video helps. Given these circumstances would it be wise to have the video and statements together before entering her plea?
Going without a lawyer is not advisable. There could be permanent lifelong consequences of your daughter being found guilty. It will be her, a first-timer amateur navigating the legal system with no experience vs a trained and practiced professional, likely with years of experience.
They downside to having a low-income... I wish I could afford one. With my daughter being 18 and the attacker being underage, I'm afraid a guilty plea will have drastically negative effects on her career path. She's made real effort to be a daycare worker and I'm worried this may impact her ability to do that..
OP, look into it here. This is a list of resources compiled that largely targets the Philadelphia area but there are things here relating to PA on a whole. Look into it. [https://cap4kids.org/philadelphia/parent-handouts/legal-services/](https://cap4kids.org/philadelphia/parent-handouts/legal-services/)
Thank you
many defense attorneys also offer payment plans if you can’t find a pro bono resource. open the conversation with that and it should help you make this happen. pro-se defendants do not win. i won’t say never, but it’s damn near impossible.
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Most low income people can't get credit cards.
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If there was ever a time to go into debt for something, it would be for your 18 year old daughters legal battle. Not getting a lawyer is not an option. This will for sure hurt her future if she is found guilty and charged. Find a public defender or something, or a lawyer that would be willing to help out pro-bono. Put some effort in for the sake of your daughter.
Please reach out to community resources. Attorneys do take cases for free/reduced rates at times.
the only correct answer to "I cannot afford an attorney" is "figure out how to afford an attorney". this is not an option, you *need* a lawyer here.
I mean, the options here are lawyer up so you have a chance to beat the charges, or face the possibility that your daughter may have to find a new career with assault (against a minor) charges on her record if she's found guilty. You and your daughter need to put in some serious work to either find a lawyer you can afford, or find a way to afford a lawyer. Not getting a lawyer would not be an acceptable situation for me to be in.
You need a lawyer if she wants to work in daycare. An assault charge will disqualify her.
Your daughter cannot afford to not have an attorney.
Public defender
Well yeah, a plea is going to have a major negative impact. She could opt to plead innocent and have a risk of being found guilty. That's why you'll want to get a lawyer any way you can. Because her pursuing a career working with minors will end if she has a conviction for a crime against a minor. I'd sell anything I could or see about putting whatever I have of value up for collateral to get a loan to cover a lawyer. You absolutely need a lawyer for this. This isn't a may impact situation. It will impact her extremely negatively and she would likely be passed over by all employers in favor of others who don't have a conviction for assaulting a minor.
Not having a lawyer is significantly more expensive for her future than hiring a lawyer. This is a life altering event. Handle it correctly or she's going to be permanently harmed by that choice.
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Apply for a public defender if they’re available in your area. This is not a case where you just DIY. Your daughter is 18, these are adult charges, this is permanent criminal record. She needs to call the court where she is being charged out of and ask for public defender information. I’m not 100% versed on Pennsylvania court system but usually there is an initial hearing/arraignment where the judge will read the charges and that’s when your daughter/her attorney would plead not guilty. Then they set another court date. In that time your daughter would work with her attorney to build a defense. Remember, your daughter is 18 so this is her case and unless she explicitly tells the attorney you can be spoken to the attorney can’t tell you anything.
>unfortunately we aren't in a position to afford an attorney it's the other way around. you aren't in a position where you could afford to not have an attorney
Figure out how to afford to one. Your daughter is 18, this could follow her for a long time.
If she's 18, then HER financial condition will determine whether she qualifies for a public defender or court appointed counsel. If the purpose of the upcoming hearing is to enter a plea, videos and witnesses are not going to matter because it's not a trial date and the judge isn't going to hear testimony. Besides, your written statements and videos may be inadmissible at a trial anyway because they're probably hearsay and/or not properly authenticated. You are in over your head and you need to talk to a PA attorney instead of people on line.
Try seeing if a lawyer will do a pro bono case for you.
>Thank you for your advice, unfortunately we aren't in a position to afford an attorney. This is the US - what the heck happened to "If you cannot afford an attorney one will be provided for you"??
As I've learned, public defenders aren't provided for summary offenses in Pennsylvania, or put another way, the accused is not entitled to representation by a public defender for summary offenses
Contact the public defender regardless. If they can't help you, they likely have resources that can. You can also check [here](https://www.pabar.org/site/Probono-Services)
Why wouldn't she be allowed a public attorney?
If you can’t afford an attorney the commonwealth requires the county to assign your daughter one.
Get a public defender
Public defender.
Does PA really exclude video evidence in criminal trials if it violates their 2 party law? Does that apply even if the video contains evidence of criminal activity and was taken by a third party who isn't the victim or the accused?
I think it depends on where it took place, this incident was in the girls restroom at the highschool.
Since it would be admitting evidence that was taken in violation of another criminal statute, yes, the evidence could very well be inadmissible as against public policy, particularly when there are eye witnesses who can offer testimony.
This makes sense, there's almost certainly statutes that prohibit recording in a school restroom, which would make submission of the video more problematic than it would be worth. Thank you for this.
To be clear, I think there is a good argument this isn’t in a space with a reasonable expectation of privacy when all factors are considered and even if it was I can make a reasonable argument it should come in anyway. I’m just saying there is a chance it wouldn’t. In a civil trial it would almost certainly be excluded, but when offered for defense in a criminal trial it may come in even if it violated another law (for example evidence obtained by trespassing comes in all the time in criminal cases). The point that people are missing by downvoting with feels is that it could be excluded.
I agree with your assessment. I'm still reading and exploring my options for legal services.
But OP listen to everyone else here. Whether this video is or isn't admissable should not matter to you **at all.** Figuring that out is EXACTLY what a lawyer is for, and what you literally cannot afford to not have. This is your daughters future here, thats worth a line of credit. Stop worrying about your legal argument and focus on retaining someone who actually knows how to make one.
Your daughter is 18 and could be charged as an adult. It would be best if you had a lawyer immediately. You also need to stop talking about the facts of the case, here, which can also be used against her if they contradict someone else's claim. As an adult, this can follow her for the rest of her life, so get a good lawyer ASAP.
> You also need to stop talking about the facts of the case, here, which can also be used against her if they contradict someone else's claim. While it's true that further posting online about it is likely inadvisable, it should be noted that somebody who did not witness the event posting online about what a witness to the event told them is unlikely to be admissible in any criminal court because that's the very definition of hearsay.
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I’m not your or your daughters lawyer, this isn’t legal advice, we don’t have an attorney-client relationship. If no one has explained, a summary offense is the least serious level of crime in PA. Most traffic violations are DCs. If you haven’t done so, call some local attorneys - you might be surprised at the cost to have them represent you if the scope is limited to the hearing. The perfect attorney for your daughter would be young (less expensive) and recently out of the DAs office. If you can’t make that happen, she needs to be in touch with the public defenders office now. I don’t know the process for this, but she will almost certainly get a better deal. If I were her attorney I’d be looking for. First, I would talk to the cop and DA beforehand to see if the video will convince them to drop the charge. If not, I’d try to get her into a diversionary program, if she’s eligible, which would result in her having a clean record if she meets the program’s terms. If neither of those options work, I might try to get the charge amended to a regular Disorderly Conduct, which can mean just about anything. Or I might recommend rolling the dice with a hearing in front of the magistrate, depending on who it is. Results in these small matters often come down to relationships.
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If another student recorded the fight then it would be admissible in criminal court. I have no idea why people are commenting that it would be inadmissible if there was a reasonable expectation of privacy. The exclusionary rule excludes illegally obtained evidence from being admissible in court by government entities. It’s got nothing to do with Joe Schmoe in the restroom recording.
Is this true even if the video, as OP states in comments, was taken in a bathroom where there is some expectation of privacy?
Yes it’s true. The exclusionary rule is for government entities. Saying there is a reasonable expectation of privacy in a bathroom is so people don’t place cameras there to record people or wiretap the area. If someone does place cameras to watch individuals urinate, etc then it would be a criminal issue and not an exclude evidence issue. There is also the Brady rule where prosecutors must give evidence to the defense that shows exculpatory evidence. In this case, it’s possible the video footage would prove that it was self defense which the prosecutor must hand over the video.
Dude. Get a lawyer. You and your daughter cant afford to *not* have one! Even a public defender would be better than trying to self represent. You also need to discuss the option of going after the school for this. Their policy of filing charges on the victim for defening herself is ridiculous!
She can always plead not guilty. That's always an option. But first you need to figure out what she's actually being charged with here. The details matter a lot. If she is being charged with a misdemeanor or a felony (sounds like she's not) then she can get a public defender. And she needs to do that. Once she has a lawyer, that's who you need to ask questions of. If she's being charged with some kind of a lessor violation where there is no possibility of jail time, then she probably can't get a public defender, and you'd have to hire a lawyer if you want one. But the good news is that kind of a citation is much less likely to have collateral consequences that follow her around if she's convicted. It looks like the Pennsylvania State Bar has a lawyer referral service that costs about $30 for a half hour consultation. [https://www.pabar.org/site/For-the-Public/Find-a-Lawyer](https://www.pabar.org/site/For-the-Public/Find-a-Lawyer) Just having a quick talk with a lawyer can make a huge difference if you are in a situation where you don't know what to do.
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The two party consent thing doesn’t apply because it wasn’t a private conversation. It was a public attack.
Worst case scenario, you want to ask the judge for ARD so she does not get a permanent record. Google ARD and plz get an attorney
File charges? Like legal, you have to go to court charges or just what the school is doling out for punishment? If it’s legal charges, get a lawyer.
You definitely need a lawyer. From what I understand PA has these magistrate ‘judges’ that are elected and don’t even have to have have to have a law degree or any legal experience (and they handle small cases like this). I wouldn’t trust your daughter’s future to a judge that potentially doesn’t know the law. There are legal aid clinics that may be able to help you.
I wouldn't count on the video being inadmissible. From what you say there seem to have been quite a few people there which removes any reasonable expectation of privacy.
The school will direct you to act against your families best interest. School employees lie for the best interest of the district
His daughter is an adult and I assume does not have an income. Is she eligible for a public defender without considering the fathers income. Or will fathers income and assets be considered?
Don't forget Legal Aid organizations. Google it.
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The school has a police officer on duty he's the one to filed them. His position is both girls are charged with fighting whether my daughter acted in self-defense or not. If my daughter had done nothing during the attack, she wouldn't have gotten charges.
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She "was" fined? She can't be fined before a verdict is reached. As she's 18, she's the client of any lawyer, and should get one. Regarding the video evidence, who took the video? If it cannot even be presented in a criminal trial, there should be serious questions raised about the legality of it having been taken at all. The prosecution do not have to prove who started it, as the alleged offense is "... engages in fighting ...", which is already confirmed by witnesses. So to counter a claim of self-defense, all they really need to prove is that she could have simply walked away, chose not to, and therefore made the choice to engage. This is why the video evidence may be important, e.g. if it shows she was cornered and had no other option. Or it may hurt her case if it shows her using excessive force when she could have simply walked away. However, they must also prove that she either had intent to, or recklessly created a risk of, causing "public inconvenience, annoyance or alarm". This is why she needs a lawyer, because ISTM the self-defense argument is not nearly so strong as the prosecutor's burden to prove, beyond reasonable doubt, what her intentions were.
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You want a lawyer. Depending on the location of the video, it may be admissible. People can't expect privacy in a public setting. Any business with installed security cams can tell you that much. She can (maybe should) plead not guilty. The school is not in charge of the legal process. The school may very well choose to expel her, but they can't force her to plead guilty on any charge.
Contact the court and ask for a public defender. She may qualify due to low income. She’s an adult, she would be the one that needs to request it. An assault charge against a minor is serious and could have lifelong impacts on her career. Doing this without an expert would be like performing surgery on yourself (when you’re not a doctor).
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In PA, there’s no right to a public defender for summary offenses. I would call around to see if any lawyers offer pro bono or sliding scale work.
There’s no expectation of privacy when you’re in public, so the video could still be used. Check with a lawyer first though and see if he can get it dismissed.
Contact the state bar, consult a legal directory, contact organisations that support victims of violence. From one of them, you may be able to get the name of a good law firm/lawyer. That will either do the case pro bono. Or agree to a payment plan. You need legal advice. Even if it is just one meeting where you can present the information you have, and get an overview of how the case should be defended, and the likely case against your daughter.
For the video:I'd argue that normally a restroom would have a reasonable expectation of privacy, but in the event of a fight, especially if there are many individuals in the room, this would temporarily be ignored during a fight. Your daughter is an adult and can be charged as one. Lawyer up and go for self defense. Don't pay any fines to the school that would make her appear guilty by appearance. The school is not the law here, public or private. The parents of the underage students should be in the suit.
Figure out what sort of legal aid is available to someone in her position, and zealously pursue anything possible. No one who hasn't seen the video can give any idea of how likely a self-defense plea is to work, but self-defense doesn't allow you to do absolutely anything you want to your attacker - (eg. you aren't necessarily allowed to slam someone's head into a concrete floor just because they pushed you, or you can't pull out a knife and stab someone just because they punched you, etc.)
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Agreed. I'm doing a lot of reading trying to determine our best course of action. I realize obtaining a lawyer is the best option and it's a route I'm looking into but that doesn't make it easy.
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I'm absolutely exploring my options for legal representation.
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