Attorney Kenneth Gilbert has seen too many children participate in suspension hearings without legal representation. “Over 95% of students who go to a school suspension hearing do not have any legal representation,” said Gilbert, who has been involved in school suspensions for the past 20 years. “The students that I have represented in school suspension hearings have fared far better than students that have no representation.”
Did you know that New Yorkers can not be arrested unless the police have enough evidence, or what is also known as “probably cause” ? If an arrest is not made at the scene of an incident and a person is later identified as a possible suspect, then the police will determine whether probable cause exists for an arrest. If the police determine that probable cause exists, then a police report is generated for the arrest of the suspect. This time period is the initial start of the Pre Arrest Case (PAC).