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truancy charge 2nd offense

Discussion in 'Juvenile Crime, Law & Court' started by fillmeinjen, Oct 19, 2016.

  1. fillmeinjen

    fillmeinjen Law Topic Starter New Member

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    Hi, my 14 yr old girl didn't come home after school. I looked for her up to 7:30 pm before asking assistance from police. I suspected who she was with & knew she wasn't running away but i was worried. She came home at 9:50 pm. The cops issued a citation for being unruly. I received a call from Juvenile prevention D.C.S center. Saying they believe we could use some in home services. This is her first time ever getting in trouble. Her dad who is now passed, had gotten us all involved a few times with dcs, foster homes of our children, in the past. I regained custody of my children, and no longer have that bad environment surrounding us. What i do have now, is the past getting brought up anytime if it involves any of my kids for any reason. Which makes us look bad immediately. I was told by a court official that our past does show up when they type in any of my kids name. It did have an act on their decision to insist in home services. I went to court today which she immediately brought up my 17 yr old daughters attendance which has nothing to do with my 14 yr old daughters charge. In court the judge was saying this is just an unruly charge, he was fixing to decide her punishment before the woman spoke up about my other daughters attendance record. Which earlier, she had told me she could not bring up any other issues before he chose the punishment for my 14 yr old. Yet she did anyways. Saying, "if he don't court order the services today, then we will just be back for my other daughter next week". Which then changed his mind. Instead of being about the unruly charge, she made it about my other daughter, who has nothing to do with my 14 yr old and why we were there to begin with. My daughter messed up once. Which is not their focus at all. I feel like i'm being treated this way over my past and not the main issue which was unruly. She also told me she was trying to help us, and had asked the truancy officer not to charge my 17 yr old just yet. After i made the decision to get an attorney, she insisted on him to continue the charge to hurt me next time. She then asked to reschedule for a week later, and said the truancy charge for my other daughter will be added to my 14 yr old case and we will deal with both issues then. The judge ended up giving me Nov 2nd, which still isn't enough time for me to have a lawyer. I could see she was mad at my choice, i feel she has a personal vendetta against me. My question is; Can i get a petition to get my past off the record for my 14 yr old ? I feel like i'm being treated unfairly, and judged.from my past. I am doing good. Its been five years ago when all that happened and there has been no other incidents untill my 14 yr old had me worried and i called the law asking for help and now im being treated like im not doing my job as a mom. Because she made one stupid mistake. My other question is ; Can i have my 17 yr old emancipated and get the truancy charges dropped ? She had also been considering dropping out High School and getting her GED ? Good idea or no ? Please help, i feel like i'm being treated outside the limits of the law that they are not following the law and i need protection. Thank You for your time.
     
  2. fillmeinjen

    fillmeinjen Law Topic Starter New Member

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    Hi, My 17 yr old daughter is in the Journey Program court ordered from last year for missing too many days last year. She has now went passed the limits of missing school this year and is getting a truancy charge for this year of school. The court is insisting in home services from the prevention program "d.c.s" due to her missing school. Saying we made need help. She has her reasons for missing school, but not excused. She had been mentioning wanting to drop out and get her GED. She is in 11th grade. My question is ; If she got emancipated and dropped out of school and got her GED , finished school at home, or adult education, would that drop all charges of truancy ,and would it dissmiss any court ordered journey program she is in already. Thank you.
     
  3. army judge

    army judge Super Moderator

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    In Texas, yes, dropping out of school CORRECTLY disposes of any truancy issues.

    Courts dislike status offenses, by the way, truancy being a status offense.

    You might wish to contact the school principal, discuss her formally disenrolling from school, and getting her GED on her own.

    However, if the child is ONLY 14 years old (NOT 17 years old as you stated in your other post), she won't be allowed to disenroll.

    The child does need help, especially if she's behaving like a BREEDING rabbit or chinchilla.
     
  4. leslie82

    leslie82 Well-Known Member

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    Why do you have two different topics on the same post? Is this about your 14 year old daughter with the unruly charge or your 17 year old daughter with the truancy issues? You need to make a separate post about your 17 year old. Otherwise it's confusing what you're asking about.

    She just can't get emancipated either. It's not an easy thing for teens to do (emancipation).
     
  5. ElleMD

    ElleMD Well-Known Member

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    You can not emancipate your child. She would have to file and if the reason is so she can drop out of school because she has missed too many days, that is not going to happen.

    Whatever happened just 5 yeas ago involved you too and was so severe, the children had to be removed from the home. Now those kids are missing a great deal of school, considering dropping out, and staying out too late without informing you where they are. There has also been the loss of a parent. This is the very definition of the kind of family in need of services. Things are not even close to "fine". Your past is not yet in the past entirely and it is completely relevant to the current issues. It is not normal for a 14 year old to disappear after school and not report it for hours. That is a sign the children and their parent need help. Take advantage of it. You can not erase an old record for a reason. This is that reason.
     
  6. fillmeinjen

    fillmeinjen Law Topic Starter New Member

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    Thank you for the advice. My 14 yr old got in trouble for being unruly. The judge had said " this is just an unruly charge, and her first offense". Then when the judge was deciding her punishment, the woman interupted abrutly and started talking about my other daughters truancy issues which had nothing to do with his charge on my 14 yr old. Before she told me it was against the law for her to bring up any other issues before the judge pronounces his charge against her. Can i do anything about her breaking the law ?
     
  7. fillmeinjen

    fillmeinjen Law Topic Starter New Member

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    • Exactly it shouldn't be involved, but it did in court. I was there for my 14 yr old, when the judge was fixing to give her the charge. A lady spoke up after she told me it was against the law for her to bring up any issues in court before the judge does his sentencing or charge. Yet she did anyways bringing up my other daughters issues about truancy to change his mind. My 14 yr old never got sentenced because she brought that up. I have to go back to court and now deal with both at the same time. I thought that is against the law if i was there for my 14 yr old first offense ever and the small charge of being unruly. I was also told they could not appoint me an attorney due to the fact that the charge is so small. Yet, they are treating it like a big deal bringing up another irrevlevant isssue.
     
  8. leslie82

    leslie82 Well-Known Member

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    No you posted two separate threads in this forum. So now we don't know what you're trying to ask. You have one post about your 14 year old. Then the next post about your 17 year old. YOU are the one confusing things on here. You should have posted a separate thread about your 17 year old.
     
  9. ElleMD

    ElleMD Well-Known Member

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    It is not illegal for "a lady", whomever she is, to bring up the sibling of the child in question. You may argue it is not relevant, but ultimately, the judge makes the call. It seems both of them have charges. If these are not criminal offenses, then no, an attorney would not be appointed.
     

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