What is the name of your state (only U.S. law)? Georgia
I have a question about truancy court hearings. I was given notice, three days notice, via regular mail, that was dated a week before I received it, to appear in court for truancy for my daughter who at the time was living with a friend since our home life was unlivable at the time and she was threatening suicide, etc. I know the right thing for me to do would have to immediately report her as a runaway, I couldn't do that. She needed time to cool off and it seemed the best situation for her at the time. Heck, I needed time too, she was always using vulgar language with me, threatening me, or threatening to self harm herself. Not to mention she did not get along with my fiance. So during that time she was telling me she was going to school she had missed 30 days. She also had started self harming again, to which the school knew she was not living with me, and intervened and I was able to get her the help she needed. She was sent to a mental health hospital for four days where she was placed back with me, and since then we had a council meeting with the school to discuss her attendance and her grades. They stated that as long as she did not miss any further school they would not file with the state. Well they did, and they did two days before she did miss a day at school for her grandmothers funeral. She had since done so well in the month back living with me she brought her grades up from a F to all B's and A's and done credit repair to ensure she would pass. Now come to court. I was appointed a lawyer, whom I had never met before. Again, three days notice. I asked for a continuum to gather what I would need. Nope....she said they were gonna hear the case right there and then. I asked for a trial by jury. Nope again. They were doing that right then. So on...the outreach teacher stated in his testimony that she was marked unexcused while in the hospital. And that he had no clue where she was. He also stated it was the hospitals job to fax the school an excuse. Next the schools social worker comes up. She stated that she kinda knew where she was in the hospital. Even thou she called and kept in contact with me the entire time. And that it was the parents responsibility to turn in documentation. I went up, said my peace. Didn't mention that we had to call the police for unruly child already once that month. But everything else I laid out on the table, how the environment was hostile for me. The mental and physical abuse from my own child. Which she has since gotten medication and better at controlling her emotions. But anyways. The prosecutor didn't bother to cross examine me. Didn't bother to ask my fiance to testify. And instead handed down a guilty verdict of 26 months of probation. Even thou my child will be 16 in two months. The stipulations of probation is that I can not even remove her from school without written consent from the courts. I can not even enter an establishment that serves alcohol. I have to submit to random and regular drug screenings, thou I have never in my life done or ever been charged with any drug or alcohol related issues. And I have to report weekly to the probation officer. My fiance who has before been to drug court, etc...probation and all that when he was younger even said his probation was not that strict. And to top it off...the court appointed lawyer, that I did not ask for, that I was not allowed to get on my own, added to the probation a $300 lawyer fee.
Now...I feel my constitutional rights to a fair trial by a jury of my peers was completely violated. That my right as a parent has been completely violated. And that the probation handed down to me is unfair to fit the crime. Do I have any options is what I am asking?
I have a question about truancy court hearings. I was given notice, three days notice, via regular mail, that was dated a week before I received it, to appear in court for truancy for my daughter who at the time was living with a friend since our home life was unlivable at the time and she was threatening suicide, etc. I know the right thing for me to do would have to immediately report her as a runaway, I couldn't do that. She needed time to cool off and it seemed the best situation for her at the time. Heck, I needed time too, she was always using vulgar language with me, threatening me, or threatening to self harm herself. Not to mention she did not get along with my fiance. So during that time she was telling me she was going to school she had missed 30 days. She also had started self harming again, to which the school knew she was not living with me, and intervened and I was able to get her the help she needed. She was sent to a mental health hospital for four days where she was placed back with me, and since then we had a council meeting with the school to discuss her attendance and her grades. They stated that as long as she did not miss any further school they would not file with the state. Well they did, and they did two days before she did miss a day at school for her grandmothers funeral. She had since done so well in the month back living with me she brought her grades up from a F to all B's and A's and done credit repair to ensure she would pass. Now come to court. I was appointed a lawyer, whom I had never met before. Again, three days notice. I asked for a continuum to gather what I would need. Nope....she said they were gonna hear the case right there and then. I asked for a trial by jury. Nope again. They were doing that right then. So on...the outreach teacher stated in his testimony that she was marked unexcused while in the hospital. And that he had no clue where she was. He also stated it was the hospitals job to fax the school an excuse. Next the schools social worker comes up. She stated that she kinda knew where she was in the hospital. Even thou she called and kept in contact with me the entire time. And that it was the parents responsibility to turn in documentation. I went up, said my peace. Didn't mention that we had to call the police for unruly child already once that month. But everything else I laid out on the table, how the environment was hostile for me. The mental and physical abuse from my own child. Which she has since gotten medication and better at controlling her emotions. But anyways. The prosecutor didn't bother to cross examine me. Didn't bother to ask my fiance to testify. And instead handed down a guilty verdict of 26 months of probation. Even thou my child will be 16 in two months. The stipulations of probation is that I can not even remove her from school without written consent from the courts. I can not even enter an establishment that serves alcohol. I have to submit to random and regular drug screenings, thou I have never in my life done or ever been charged with any drug or alcohol related issues. And I have to report weekly to the probation officer. My fiance who has before been to drug court, etc...probation and all that when he was younger even said his probation was not that strict. And to top it off...the court appointed lawyer, that I did not ask for, that I was not allowed to get on my own, added to the probation a $300 lawyer fee.
Now...I feel my constitutional rights to a fair trial by a jury of my peers was completely violated. That my right as a parent has been completely violated. And that the probation handed down to me is unfair to fit the crime. Do I have any options is what I am asking?
