A Georgia middle school teacher recently left his position following his arrest for allegedly engaging inappropriate behavior with a minor student. The felony charges include sexual battery and assault. He was only granted bond for one of the charges. While he currently remains behind bars, some believe that the charges he faces are inherently flawed.
The incident that apparently spawned the charges took place when a high school student returned to the middle school leadership program that she had once attended. At some point during her visit, the 16-year-old student claimed that she was inappropriately touched by the teacher. An investigation by the internal human resources division subsequently prompted his resignation from the program that he originally helped establish.
The student's enrollment is what has some questioning the validity of at least one of the charges. According to state law, students who are allegedly sexually assaulted by teachers must actually be enrolled at the school where they teach in order to warrant certain charges. As such, his motion for bond argues that he should indeed be granted the possibility of being released from jail on bond.
There is no doubt that felony charges are a serious matter for any defendant, and a conviction can result in a criminal record that can erase a myriad of opportunities in the future. While Georgia defendants are indeed protected by the full breadth of the law during criminal investigation and trial court proceedings, it is still advisable to conduct a careful and in-depth review of any and all charges alongside their respective counsel. Doing so can help turn what appears to be a hopeless situation into a comprehensive and formidable plan of defense.
Source: ajc.com, "Gwinnett teacher charged in student sex assault quit amid allegations", Oct. 8, 2015