Re: CURMUDGEN V RESPOND
Posted by v on 3/17/05
I still "think" i'm correct in this. But you left out the crucial details. Now it seems it's another whole ball of wax. As Curmudgen had stated they have a deal with the school and law enforcment for the above purpose. Apples and oranges again. School & rules v's criminal behaivor. Maybe an attorney here can clear this up. Good luck! Hope they dont throw any books at him! On 3/17/05, tv wrote: > 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 >>>> >>
Posts on this thread, including this one
- PRINCIPLE SENDING KIDS TO JAIL, 3/14/05, by TV.
- Re: PRINCIPLE SENDING KIDS TO JAIL, 3/14/05, by v.
- Re: PRINCIPLE SENDING KIDS TO JAIL, 3/14/05, by Curmudgeon.
- Re: PRINCIPLE SENDING KIDS TO JAIL"V", 3/14/05, by roosta.
- Re: PRINCIPLE SENDING KIDS TO JAIL, 3/14/05, by v.
- Re: CURMUDGEN V RESPOND , 3/14/05, by tv.
- Re: life skills - Mudge , 3/14/05, by Ozarks Lawyer.
- Re: CURMUDGEN V RESPOND , 3/14/05, by v.
- Re: life skills - TV , 3/14/05, by roosta.
- Re: CURMUDGEN V RESPOND , 3/17/05, by tv.
- Re: life skills - TV , 3/17/05, by tv.
- Re: CURMUDGEN V RESPOND , 3/17/05, by v.
- Re: CURMUDGEN V RESPOND , 3/17/05, by tv.
- Re: CURMUDGEN V RESPOND , 3/17/05, by tv.
- Re: CURMUDGEN V RESPOND , 3/17/05, by v.
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