Author Topic: Sauk County vs William LaFrance  (Read 10090 times)

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Offline Joe

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Sauk County vs William LaFrance
« on: March 22, 2007, 03:07:10 am »
Truancy!

Basically, I'm seeking legal advice. Dumb idea with most of you guys, but eh?

Anyhow, leading up: I received three detentions, on the 7th for being late to class, on the 8th for "missing a class", and on the 14th for not returning to class at the end of the hour (gone on a pass).

For the first one, I told the teacher who issued it to me that I was allowed a 10-minute grace period (I start school 4th hour, and my dad's a slow driver) according to my IEP, and he said he'd talk to my Case Manager about it but issued it anyhow. The next morning I was not called to the office to be reminded of my detention, as everyone else is, so I thought that was all good.

Later that day (the next day), I go to the Computer Lab 7th hour in place of my study hall. I made sure I let my Case Manager know before going up there, since every study hall I'd had all year was with him (this was the first day I was moved to a study hall that period, after a schedule change). Our attendance person-lady wrote me a detention on the 8th and issued it on the morning of the 9th for being "absent without a note", so I took it up with my Case Manager and he said he'd take care of it.

A few days later, we have a substitute in Health class. I'd spent my lunch hour in the computer lab and the teacher approved of me coming back up during Health class (we were having a study-hall type deal), so wrote me a pass for the sub to sign. She signed it, I go. Nobody told me I was supposed to return at the end of the hour, but I got a detention for it anyhow.

Eventually, it all adds up to a day of in-school suspension. When I arrived fourth hour, a few minutes into class, my Case Manager showed up at the door and escourted me to the office. When the principal finally got around to talking to me (2PM), I told him that I refused to serve ISS, because I didn't earn it, and I needed to be in class. A half hour later, I'm sitting in the office with him and my mom, and we go over all my detentions (those three came up). I explain every one to him and the best defense he could conjure up was "I severly doubt you're telling the truth", at which point my mom draws up an "I ought to slap you silly, bastard" face. After a moment of silence (this is about 3:10 or so), he says "We're beating a dead horse here. [Me: I could have told you that a half hour ago, you're going no where.] Well thank you for your opinion. You can go home now, we'll count your in-school as served, and we're going to give you a truancy ticket."

Fast-forward two days -- I feel that they have no case against me. Not only did I commit no crime, but they also violated my constitutional rights of a "speedy trial" (not really a trial, but you get the idea), notification of the accusations against me (I wasn't notified until it escalated to this), and his "I severely doubt you're telling the truth" was violating "innocent until proven guilty."

What's the best way to tell this to a judge without sounding arrogant? Oh.. and am I right? :P
I'd personally do as Joe suggests

You might be right about that, Joe.


trust

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Re: Sauk County vs William LaFrance
« Reply #1 on: March 22, 2007, 07:28:54 am »
Your constitutional rights definitely weren't violated. How much is the ticket? You might be better off just paying it to avoid creating any more bad blood between you and your school, from what I've read in many of your posts they don't seem to like you very much.

None of us are lawyers yet, so take any advice with a grain of salt. If you have any family friends which are lawyers you should talk to them about the legal jargon or to see if they'd represent you pro bono. I don't know if a lawyer is required for this sort of thing, and it seems really harsh after 3 offenses (so I think you're not telling the whole truth), but it couldn't hurt.

I don't think you'll get out of your 1st one, I think it's dumb to give you a 10 minute grace period. Do the students who have to be at school at regular time receive a 10 minute grace period? It's your responsibility to arrive on time regardless of what time you have to be there.

Anyway, ask your teachers to come to court to give their side of the story. Especially the one who said you could come to class. If she can't make it, have her write a statement and give that to the judge.


Offline dark_drake

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Re: Sauk County vs William LaFrance
« Reply #2 on: March 22, 2007, 11:16:23 am »
Well, if it actually says you have a 10 minute grace period, you're fine.  As for the detention you did not serve, you're old enough to remember whether or not you have detention; the school should not have to, but I don't know your school's policy on the matter.

Quote
Later that day (the next day), I go to the Computer Lab 7th hour in place of my study hall. I made sure I let my Case Manager know before going up there, since every study hall I'd had all year was with him (this was the first day I was moved to a study hall that period, after a schedule change). Our attendance person-lady wrote me a detention on the 8th and issued it on the morning of the 9th for being "absent without a note", so I took it up with my Case Manager and he said he'd take care of it.
I would probably talk about it to administration. It sounds like an error on their part if they put you into study hall when they know you're supposed to be in the computer lab. Of course, I do think it was wrong of you to not check in with the study hall teacher they had you scheduled with and explain your situation. 

Quote
A few days later, we have a substitute in Health class. I'd spent my lunch hour in the computer lab and the teacher approved of me coming back up during Health class (we were having a study-hall type deal), so wrote me a pass for the sub to sign. She signed it, I go. Nobody told me I was supposed to return at the end of the hour, but I got a detention for it anyhow.
You're responsible for knowing your school's rules and policies.  Ignorance of them is no excuse. Unless, of course, it's one of those understood rules.

In my opinion, the first one is not your fault if the 10 minute grace period bit is explicitly stated. The second one isn't your fault, but I think you did the wrong thing in that situation.  The last one is entirely your fault if it's in the school's list of rules and policies.

I'd just drop the constitutional stuff and go about trying to prove the school was in the wrong on a few of these instances.
errr... something like that...

Offline Joe

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Re: Sauk County vs William LaFrance
« Reply #3 on: March 22, 2007, 11:16:57 am »
I know I could pay off the ticket, but I'd rather spend that money on something better than giving it to the government. This is more of just to prove a point to my school that not all their students are retarded and don't know the first thing about law.. although by our Civics curriculum, we shouldn't. :P

The reason I have the 10-minute thing is because my dad works graveyard shift and I don't always have that nice cussion of time to get out of the house. If I could drive yet (two months until deliverance, yay!) I wouldn't have a problem, but I don't, so I do.

And yeah, it sucks that I don't know a lawyer. :P
I'd personally do as Joe suggests

You might be right about that, Joe.


Offline CrAz3D

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Re: Sauk County vs William LaFrance
« Reply #4 on: March 22, 2007, 11:18:47 am »
Your constitutional rights definitely weren't violated. How much is the ticket? You might be better off just paying it to avoid creating any more bad blood between you and your school, from what I've read in many of your posts they don't seem to like you very much.

None of us are lawyers yet, so take any advice with a grain of salt. If you have any family friends which are lawyers you should talk to them about the legal jargon or to see if they'd represent you pro bono. I don't know if a lawyer is required for this sort of thing, and it seems really harsh after 3 offenses (so I think you're not telling the whole truth), but it couldn't hurt.

I don't think you'll get out of your 1st one, I think it's dumb to give you a 10 minute grace period. Do the students who have to be at school at regular time receive a 10 minute grace period? It's your responsibility to arrive on time regardless of what time you have to be there.

Anyway, ask your teachers to come to court to give their side of the story. Especially the one who said you could come to class. If she can't make it, have her write a statement and give that to the judge.
JOHN HANCOCK


Also, unless you can prove any of what you say it is the school's word over your own...and well, you lose.

For truancy do your parents get the ticket, correct?

Joe Edit: Fixed bbcode and made size smaller
« Last Edit: March 22, 2007, 11:22:20 am by Joe[x86] »

Offline Joe

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Re: Sauk County vs William LaFrance
« Reply #5 on: March 22, 2007, 11:21:33 am »
Well, if it actually says you have a 10 minute grace period, you're fine.  As for the detention you did not serve, you're old enough to remember whether or not you have detention; the school should not have to, but I don't know your school's policy on the matter.

After my teacher told me he'd take it up with my case manager, I figured that it was dropped when nobody told me anything the morning after.

Quote
I would probably talk about it to administration. It sounds like an error on their part if they put you into study hall when they know you're supposed to be in the computer lab. Of course, I do think it was wrong of you to not check in with the study hall teacher they had you scheduled with and explain your situation.

No, I was supposed to have a study hall, but they switched my study hall teacher and I didn't know. I went to the old one to tell him I was going to the lab for the hour (I always do that), and he's just like "okay". The new one never found out and gave me the detention.

Quote
You're responsible for knowing your school's rules and policies.  Ignorance of them is no excuse. Unless, of course, it's one of those understood rules. [..] The last one is entirely your fault if it's in the school's list of rules and policies.

That's the thing though, it's not a school rule/policy.
I'd personally do as Joe suggests

You might be right about that, Joe.


Offline Joe

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Re: Sauk County vs William LaFrance
« Reply #6 on: March 22, 2007, 11:23:24 am »
Also, unless you can prove any of what you say it is the school's word over your own...and well, you lose.

For truancy do your parents get the ticket, correct?

Nope. I do. Since nobody takes truancy seriously I think I'll just have my mom come in and say that she looked all the stuff over and knows that I'm telling the truth.
I'd personally do as Joe suggests

You might be right about that, Joe.


Offline dark_drake

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Re: Sauk County vs William LaFrance
« Reply #7 on: March 22, 2007, 12:04:38 pm »
After my teacher told me he'd take it up with my case manager, I figured that it was dropped when nobody told me anything the morning after.
Well, that was a stupid thing to assume.  :P  Seriously, unless you hear that the issue was resolved, don't assume that it was.

Quote
No, I was supposed to have a study hall, but they switched my study hall teacher and I didn't know. I went to the old one to tell him I was going to the lab for the hour (I always do that), and he's just like "okay". The new one never found out and gave me the detention.
If your schedule was changed without you being aware of it (this really sounds unbelievably fishy to me), you should be fine.  Of course, you're going to have one hell of a time proving you didn't know about it.

Quote
That's the thing though, it's not a school rule/policy.
I highly doubt that because it seems that everyone else involved knew about it, and you did not.
errr... something like that...

trust

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Re: Sauk County vs William LaFrance
« Reply #8 on: March 22, 2007, 12:07:21 pm »
Also, unless you can prove any of what you say it is the school's word over your own...and well, you lose.

For truancy do your parents get the ticket, correct?

Nope. I do. Since nobody takes truancy seriously I think I'll just have my mom come in and say that she looked all the stuff over and knows that I'm telling the truth.

Somebody takes it seriously because you got a ticket.

Offline CrAz3D

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Re: Sauk County vs William LaFrance
« Reply #9 on: March 22, 2007, 12:57:20 pm »
Also, unless you can prove any of what you say it is the school's word over your own...and well, you lose.

For truancy do your parents get the ticket, correct?

Nope. I do. Since nobody takes truancy seriously I think I'll just have my mom come in and say that she looked all the stuff over and knows that I'm telling the truth.

Somebody takes it seriously because you got a ticket.
laugh out loud

Offline Newby

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Re: Sauk County vs William LaFrance
« Reply #10 on: March 22, 2007, 01:53:21 pm »
You owe money for being truant? What the shitfuck?

Your school is fucked up.
- Newby
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Quote
[17:32:45] * xar sets mode: -oooooooooo algorithm ban chris cipher newby stdio TehUser tnarongi|away vursed warz
[17:32:54] * xar sets mode: +o newby
[17:32:58] <xar> new rule
[17:33:02] <xar> me and newby rule all

I'd bet that you're currently bloated like a water ballon on a hot summer's day.

That analogy doesn't even make sense.  Why would a water balloon be especially bloated on a hot summer's day? For your sake, I hope there wasn't too much logic testing on your LSAT. 

Offline Towelie

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Re: Sauk County vs William LaFrance
« Reply #11 on: March 22, 2007, 04:49:05 pm »
You owe money for being truant? What the shitfuck?

Your school is fucked up.

Offline CrAz3D

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Re: Sauk County vs William LaFrance
« Reply #12 on: March 22, 2007, 09:49:17 pm »
I think all states can give tickets for that, i know here they can take your kids away for it (parents get the tickets cause its their fault for raising bad kids)...you have to REALLY fuck up to be taken away

trust

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Re: Sauk County vs William LaFrance
« Reply #13 on: March 23, 2007, 07:15:22 am »
There really has to be more to the story than what he's telling us because 3 times seems ridiculous.

Offline Krazed

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Re: Sauk County vs William LaFrance
« Reply #14 on: March 23, 2007, 08:19:21 am »
What the fuck? A truancy ticket? I walk out of school and don't get shit. Your school blows.
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