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Double Jeopardy with a juvenile

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prhamy

Guest
What is the name of your state?What is the name of your state? Oklahoma

Can a judge completely reverse a decision for a dismissal when there has been no incidents with the child? Let me explain. He is a 14 year old who was suspended from school in September of last year (for bringing a stick type thing to school and the school searched his backpack and found it) and placed on probation. The 1st review was set for July but it was postponed to Sept. 1st. Due to the lack of educational services while he was suspended, I choose to homeschool him. He would be entering high school this year. He is a special ed student with Learning disabilities, therefore he has an individualized education plan (IEP). He was very nervous about going back to the public school due to the fact that we had an extreme amount of problems last year in regards to his IEP. We had to file due process against the school. Now back to the case. The judge dismissed the case and signed the papers Sept. 2nd of this year. I attempted to enroll my child back into school last week. The school officials pulled his file and seen a court order that he was suspended. The school attorney called the judge to get a copy of the dismissal. This in turn prompted the judge to pull the file. When he did, he claims he forgot why my son was out of school and vacated the dismissal and is setting it for review again. Now he is back on probation IF I enroll him in school. Evidently he did not look at this when he dismissed it the first time. My child has been in full compliance and has not been in any trouble since the incident. Another thing is someone has been driving around my child and my house watching him.
 


BelizeBreeze

Senior Member
Yes, the judge can do this. Since that is the only legal question you asked, it's the only issue that needs to be addressed at this time.
 
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prhamy

Guest
Really?

On what grounds, because he failed to look over the paper work better? Now if I decide to homeschool him, the judge will let it lay. Hasn't he been out of school long enough? Do you know where I could find out more info on this?
 

BelizeBreeze

Senior Member
prhamy said:
On what grounds, because he failed to look over the paper work better? Now if I decide to homeschool him, the judge will let it lay. Hasn't he been out of school long enough? Do you know where I could find out more info on this?
Yep, that's about it. Jeopardy does not attach until the trial. And, since the judge dismissed ( and we don't know if it was with or without prejudice ) there was no trial, hence, no jeopardy.

Your other questions are irrelevant to the legal situation.
 
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prhamy

Guest
There were no trials, but there were hearings. And I believe there are some statutes concerning the child having a disablility and the school refusing to let him enroll. The judge dismissed this because of his sentence being completed.
 

BelizeBreeze

Senior Member
prhamy said:
There were no trials, but there were hearings. And I believe there are some statutes concerning the child having a disablility and the school refusing to let him enroll. The judge dismissed this because of his sentence being completed.
Well then if you already know the answers, what are you coming here for?
 

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