Not all laws are "good" laws, even when they are not all "good" laws are applied in a reasonable or responsible manner, and the following is one such case...
Sarah Sims, pictured below, is a single mom to a 9 y/o girl...
Sarah's daughter is a 4th grade student at Ocean View Elementary School in Norfolk, VA.
For a period of time Sarah's daughter has been victimized by a bully at school...
And according to Sarah, repeated telephone calls and emails to her 9 y/o daughter's school went unanswered, even though she was complaining that the 4th grader was being bullied.
So Sarah, a single mom to a distressed child, took matters into her own hands in a manner that she no doubt felt was appropriate, responsible and, given the lack of help from the school, also absolutely necessary.
Seeing no other way to get the school to believe her, Sarah placed a recording device inside of her daughter's backpack in the hope of either catching the school bully red-handed or of acquiring proof that her daughter's teacher was in fact ignoring the situation, but, as is often the case...
As fate would have it the recorder was discovered, the child was moved into another classroom and about a month later Sarah was arrested, being charged with "use of a device to intercept oral communication" and for contributing to the delinquency of a minor.
Per Sarah: "I was mortified. The next thing I know I'm a felon. Felony charges and a misdemeanor when I'm trying to look out for my kid. What do you do?" Per Sarah's lawyer, Kristin Paulding: "They aren’t making this about that classroom. There are charges that carry jail time." And per me: I'm calling...
Memo to the Folks: Repeating what I initially typed... "Not all laws are "good" laws, and not all "good" laws are applied well, and following is one such case." I agree with wiretapping / electronic eavesdropping laws, but I also believe that not all laws should be applied in a "black or white" format, not all of the time anyhow...
Memo to the Folks continued: In this case, if you believe Sarah (whom I have no reason too disbelieve) then, as a caring, concerned and conscientious single parent to a 4th grade girl who was being bullied, and in light of a school that offered absolutely no help and nothing but lip service (which is something that I personally have experienced), well, what else is one to do? If Sarah's story is honest and accurate then I don't blame her one bit; further I see neither harm nor foul in her actions which I deem as being most reasonable. This holds especially true in light of the many stories that I have read about similarly situated parents who exercise piss poor judgment in either going to the school to confront other children (the bullies), making a scene at school by confronting administration or staff or, worse yet, confronting kids outside of school.
Memo to Ocean View Elementary School: Shame on you. This is not the award that you want to be getting (but I'm bestowing it on you anyhow)...
Memo to the Norfolk, VA District Attorney: You should seriously rethink your decision in this case. Contributing to the delinquency of a minor? For reals? This is a textbook example of the piss poor application of good laws. If anyone deserves to be chastised, investigated or prosecuted then it is irresponsible school personnel (and the moron who authorized the arrest in this case). In my book Sarah Sims gets a pass.
Memo to Sarah's lawyer, Kristin Paulding: Not that I need to tell you your job but if these charges are not dropped then you should cram this case down the DA's throat in Trial. You have the clear moral and ethical high ground and this case is absolutely ripe for a...
Memo to Sarah's lawyer, Kristin Paulding continued: In fact if the DA doesn't drop this turd of a case, and if you and Sarah wish, then I will come up there and co-counsel it with you, pro hac vice and pro bono.
When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests. While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.
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