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How Is The Threat Of Violence in a School Treated?

The youth in Iowa and other states across the nation attend school from a young age until they graduate high school. While these seem like the innocent years, these are also the times where young adults will rebel and even commit serious crimes. Even planning or threatening to commit an act of violence could land students in a heap of legal trouble as they face serious criminal charges.

How is the threat of violence in a school treated? School violence is considered a growing concern as school shooting and bullying occur at an increased rate. The threats faced by students continually change as young adults are influenced by society and have access to more weapons.

Currently, federal laws control when weapons are found or used at a school. The Gun Free School Act of 1994 made it a crime for a student or anyone to bring a gun close to a school district. Because they believed school violence affected interstate commerce, congress thought they had authority to implement this law. However, the Supreme Court disagreed and struck it down.

This law was later amended and made part of the Elementary and Secondary Education Act of 1965 and called No Child Left Behind. This implies that there is a zero tolerance policy when it comes to weapons at or near a school. In addition, state laws are also created to enforce weapon bans at or near schools as well.

Therefore, an individual faces a charge related to the threat of violence by bringing a gun to school, a student could face multiple state and federal charges. Because of this, it is important to understand how these laws apply to the matter, what evidence was used to charge the accused and what defense options are available. This could help reduce or dismiss the charges against the defendant.

Source: Findlaw.com, "School Violence: Laws and Regulations," accessed Jan. 21, 2018

Categories
  • The Iowa State Bar Association
  • DUI Defense Law
  • NACDL
  • AAJ
  • Iowa Association of Justice

Keegan, Tindal, & Jaeger 

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  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Jaeger
  • J. Dean Keegan J. Dean Keegan

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    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
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  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Jaeger, graduated from the University ...
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  • Andrea D. Jaeger Andrea D. Jaeger

    Attorney

    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Jaeger practices in the areas of white collar ...
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    Linn County OWCR133760. Attorney Eric Tindal's client was arrested for Operating While Intoxicated. Mr. Tindal had all charges dismissed following a successful suppression hearing regarding the grounds for the stop.

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    Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.

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    Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.

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    Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.

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    Johnson County FECR68296. The Defendant was charged with Vehicular Homicide. Following a suppression hearing, Mr. Tindal and his co-counsel were able to show that the blood test result was taken in violation of implied consent procedures. The case was subsequently resolved for a misdemeanor.

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  • Operating While Intoxicated Reduced to Public Intoxication

    Johnson County OWCR116811. The Defendant was charged with Operating While Intoxicated. Mr. Tindal was able to win the Iowa Dept of Transportation appeal and have the blood test result thrown out. The case was resolved for a public intoxication charge and no loss of license.

  • Operating While Intoxicated Second Offense Reduced to Public Intoxication

    Washington County OWIN010946. The Defendant was charged with Operating While Intoxicated Second Offense. Following long negotiations with the State the Defendant was able to plead to a Public Intoxication and have his driving privileges reinstated.

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