kentuckyclient
Junior Member
What is the name of your state? Kentucky
In June of 2005 I was given a summons to appear in court concerning truancy involving my 5-year-old child who was attending kindergarten (they said she was 3 days over what she was allowed). Not having the means to hire an attorney, the state appointed one to me. Due to vacation I actually talked with two attorneys regarding this matter. I informed them that I wished to plead not guilty, but they both said that the best thing to do in this matter would be to plead guilty, that I would be told to be more mindful of my child’s absences in the future, pay a small court cost and it would be done with. So following my attorney’s advice I plead guilty. The judge however gave me 1-year probation, also find and costs in excess of $200.00. I was given another court date approximately 1 year after the original hearing, at which time I was to pay the find and costs, which I did.
Today I found out from my brother, who just enrolled his child in kindergarten, that Kentucky law states the child must be 6 years old to be considered a truant. It says the following: 159.150 Definitions of truant and habitual truant -- Adoption of truancy policies by local school boards.
(1) Any student who has attained the age of six (6) years, but has not reached his or her
eighteenth birthday, who has been absent from school without valid excuse for three
(3) or more days, or tardy without valid excuse on three (3) or more days, is a
truant.
(2) Any student enrolled in a public school who has attained the age of eighteen (18)
years, but has not reached his or her twenty-first birthday, who has been absent from
school without valid excuse for three (3) or more days, or tardy without valid
excuse on three (3) or more days, is a truant.
So my questions are this: Was I wrongly prosecuted? If so what are my options at this point? Was this malpractice because none of the attorneys and the judge appear to have not known law? Thank you for your response.What is the name of your state?
In June of 2005 I was given a summons to appear in court concerning truancy involving my 5-year-old child who was attending kindergarten (they said she was 3 days over what she was allowed). Not having the means to hire an attorney, the state appointed one to me. Due to vacation I actually talked with two attorneys regarding this matter. I informed them that I wished to plead not guilty, but they both said that the best thing to do in this matter would be to plead guilty, that I would be told to be more mindful of my child’s absences in the future, pay a small court cost and it would be done with. So following my attorney’s advice I plead guilty. The judge however gave me 1-year probation, also find and costs in excess of $200.00. I was given another court date approximately 1 year after the original hearing, at which time I was to pay the find and costs, which I did.
Today I found out from my brother, who just enrolled his child in kindergarten, that Kentucky law states the child must be 6 years old to be considered a truant. It says the following: 159.150 Definitions of truant and habitual truant -- Adoption of truancy policies by local school boards.
(1) Any student who has attained the age of six (6) years, but has not reached his or her
eighteenth birthday, who has been absent from school without valid excuse for three
(3) or more days, or tardy without valid excuse on three (3) or more days, is a
truant.
(2) Any student enrolled in a public school who has attained the age of eighteen (18)
years, but has not reached his or her twenty-first birthday, who has been absent from
school without valid excuse for three (3) or more days, or tardy without valid
excuse on three (3) or more days, is a truant.
So my questions are this: Was I wrongly prosecuted? If so what are my options at this point? Was this malpractice because none of the attorneys and the judge appear to have not known law? Thank you for your response.What is the name of your state?