Re: CURMUDGEN V RESPOND

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On 3/17/05, v wrote:
> TV i'm ot an attorney. But i
> think your missing the point. Your
> son is not an adult. He is not
> garenteed the same rights under
> the constitution in this
> circumstance. He hasn't reached
> the age of majority. He is still
> your responsability. Compareing
> this to shooting the sheriff, is
> like apples & oranges. Then he
> might be tried as an adult.
> you are wrong he is 17. he is afforded the same rights read them.
they didnt search his locker. they convicted him of acrime. which
will always be on his record. if he gets caught shoplifting does he go
straight to jail. he may go but he would then get a det hearing where
he would plead guilty or not guilty. if pleading not guilty he would be
appointed a lawyer and either released to smeones custody or stay in det
until next available court date. they skipped that part.
im tired of beating a dead horse here. i wanted to get a lawyers
oppinion before i went searching for a civilrights lawyer. well i think
i found one now ,i may not have a case, and thats ok. but i tell you
this 2hrs after i called prob dept and explained my position they called
my wife and had her pick my son up from oss said they wasnt gonna hold
him, for oss. strange dont you think. the guy we went in front of, was
sitting in for a judge ,hes not even a judge they messed up and they
knew it. and i will sue their guts out if its possible.
oh yea and yes my son was guilty, of beating up a boy who out weighs him
by 100lbs and had a pipe. shaking it at him . the other who hadnt had an
oss got 1 day oss. and no assault charges were filed the other boys
parents couldnt file because he had a pipe and i wouldnt because my son
beat the crap out of him. so my son is out of trouble but they may be
gettin in it hehe. either way it goes, this forum did relieve a lot of
buit up tension on my part anyway but i wished i wouldve gotten a
response from a lawyer, but ill have 1 soon enough ill post results, so
you will know v. thanks for anwering anyway tv
>
> On 3/17/05, tv wrote:
>> On 3/14/05, v wrote:
>>> TV: Your son got busted for
> not
>>> folowing the rules. I'm not an
>>> attorney, but in this situation
>>> there is no due process. He
> knew
>>> the rules, he broke them three
>>> times. He is paying the price.
> He
>>> is your responsabilty. There
> are
>>> laws against truency. If your
> son
>>> can't learn how to behave now.
>>> Who's fault is it? you blame
> the
>>> courts? The court is going to
>>> blame you! & he'll learn the
> hard
>>> way now before he has to in
> prison
>>> latter. Sociaty dosen't have to
>>> tolerate bad behavior. AND THE
>>> MESSAGE HAS BEEN SENT.
> Apparently
>>> niether of you get it. Sounds
> like
>>> you are condonning this. Maybe
> you
>>> are part of the problem.
>>>
>>> you are partially right v, he
> broke the rules and i have no
>> problem with him being punihed
> for it. but you are wrong about
> due
>> process, he cannot be imprisoned
> for breaking the rules. rules and
>> laws are 2 different things and
> according to our constitution
>> everyone born in the us has the
> right to face their accusers in
>> court. i had no problem with the
> 3 days of oss he was going to get,
>> and i told this to principal.
> but if they want to confine him he
>> must be charged with something,
> and if he is charged he must be
>> given his day in court even if
> it is inevetible he will lose.
> doesnt
>> matter what they think or know
> he has done you cannont be
> confined
>> just because they think it will
> teach you a lesson. theres a
> process
>> and they skipped it. we had a
> initial hearing asked for a lawyer
> and
>> we were denied, i guess he was
> charged for delinquecie but im not
>> sure. either way we were denied
> any defence and arequest for a
>> lawyer. if he was put in det for
> del, then they put the cart before
>> the horse. he should have been
> charged asked to plead guilty or
> not
>> guilty that didnt happen. if
> you walk in to local sheriffs
> office
>> shoot the sheriff in front of
> everyone, you still get the
>> oppertunity to plead your case.
> that is what i have a problem
> with.
>> not the punishment. if they had
> done it the right way i wouldnt be
>> on this chatboard, my son has
> the right to plead his case even
> if
>> hes guilty.
>>> On 3/14/05, tv wrote:
>>>> On 3/14/05, Curmudgeon wrote:
>>>>> Sir v, you're closer than you
>>> thought.
>>>>>
>>>>> The posts piqued my interest,
>>> so I did a little digging. In
>>>>> the OP's home county, there
> is
>>> a cooperative program
>>>>> established by the schools,
>>> juvenile authorities, and the
>>>>> courts.
>>>>>
>>>>> It kicks in when a child has
>>> received a third out-of-school
>>>>> suspension and is, thus,
> facing
>>> expulsion. Rather than
>>>>> letting the little buggers
> run
>>> the streets unsupervised while
>>>>> suspended, they are required
> to
>>> report to the program and
>>>>> spend the days studying,
> doing
>>> community service, and taking
>>>>> appropriate classes on anger
>>> management, life skills, etc.
>>>>>
>>>>> If they fail to report on the
>>> first day of the suspension,
>>>>> they will be picked up and
> held
>>> until they can go before the
>>>>> judge and explain why they
>>> didn't report. It is the
> parents'
>>>>> responsibility to get the
> child
>>> to the program.
>>>>>
>>>>> Amazingly, many of the
> involved
>>> parents complain because its
>>>>> such a "hardship" to deliver
>>> the child to the program and
> pick
>>>>> him up at the end of the day.
>>>>>
>>>>> On 3/14/05, v wrote:
>>>>>> TV: Are you related to
>>> Roosta? I
>>>>>> wouldn't worrie about the
>>> little
>>>>>> buggers. It'll keep them off
>>> the
>>>>>> streets. Their probly headed
>>> for
>>>>>> prison any way.
>>>>>>
>>>>>> On 3/14/05, TV wrote:
>>>>>>> hello reader. in the city
>>> of
>>>>>> wabash in wabash county ind
>>>>>>> ther is an order from local
>>>>>> court that apon 3rd referral
>>>>>>> to out of school suspension
>>> from
>>>>>> principal. that the child
>>>>>>> is to be picked up
>>> immmediatly
>>>>>> and put in detention center
>>>>>>> until next court date. some
>>> of
>>>>>> the offenses that can get a
>>>>>>> refferall are tardys
>>> horseplay
>>>>>> foul language ect. mostly
>>>>>>> descretion of principal.
>>> seems
>>>>>> to me this gives principal
>>>>>>> the power to sentence
>>> children
>>>>>> to jail time without their
>>>>>>> due process. they also make
>>> them
>>>>>> write out a statement of
>>>>>>> guilt to be used against
> them
>>> in
>>>>>> court but they are
>>>>>>> teenagers and dont
> understand
>>>>>> what their doing as far as
>>>>>>> legality, they are told to
>>> just
>>>>>> write the statement and
>>>>>>> they may or may not get
>>>>>> suspended. they are not told
>>> that
>>>>>>> it will be used against
> them
>>> in
>>>>>> court. it seems to me that
>>>>>>> the principal given this
>>> power
>>>>>> should be considered as an
>>>>>>> officer of the court and
> have
>>> to
>>>>>> go by their rules as far
>>>>>>> as interegating a student
> for
>>>>>> info to be solely used
>>>>>>> against them in court. and
> my
>>>>>> question is can a local
>>>>>>> judge issue such a blank
>>> order
>>>>>> legally wouldnt it have to
>>>>>>> be some type of city or
>>> county
>>>>>> ordinance. thnx tv
>>>>>>
>>>> ok gonna try this 1 more time
>>> the juvenile was taken to det
>>>> center on friday he was to
>>> report to day reporting on
> monday
>>>> thats today. we went to court
>>> today he spent the weekend in
> det
>>>> center. this morning in court
> he
>>> was ordered to report to day
>>>> reporting. i told the judge we
>>> wanted a lawyer, he said we
> could
>>>> hire a lawyer and contest it
> but
>>> as far as he was concernd my
>>>> son was to report to day
>>> reporting. we werent given any
>>>> oppertunity to put up a
> defense
>>> of any kind. and my son spent 3
>>>> days in det without being
>>> charged for any crime. so as
> you
>>> can
>>>> see he wasnt sent to det
> center
>>> for not showing up. he was sent
>>>> because of the 3rd referral.
> get
>>> it now and he was also
>>>> sentenced to day reporting.
>>> so you tell me where was the
> due
>>>> process we had 1 court
>>> appearance and it was a
>>>> sentecing. thnx tv
>>>
>