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Thread: Honor student placed in jail for tardiness and truancy at school

  1. #151
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Ikari View Post
    What!? But it's reported after 10 absences, that's 5 grand! I think perhaps that's a bit on the excessive side.
    Texas seems to take its schooling responsibilites seriously. I have no problem with that.
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    Then why was she sent to jail in the first place? FAILURE TO ATTEND SCHOOL carries a fine only punishment

    "TEX ED. CODE ANN. 25.094 : Texas Statutes - Section 25.094: FAILURE TO ATTEND SCHOOL
    (a) An individual commits an offense if the individual:
    (2) fails to attend school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period.

    (e) An offense under this section is a Class C misdemeanor."
    TEX ED. CODE ANN. 25.094 : Texas Statutes - Section 25.094: FAILURE TO ATTEND SCHOOL

    "Texas Penal Code - Section 12.23. Class C Misdemeanor 12.23.
    CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500."
    Texas Penal Code - Section 12.23. Class C Misdemeanor - Texas Attorney Resources - Texas Laws
    I realize that you think you know what you are talking about and all that sort of stuff.
    And most likely wouldn't admit to being wrong and all.

    But you might want to try the following out for size.

    21.002

    Code:
    Texas Statutes - Section 21.002
    CONTEMPT OF COURT
    
    (a) Except as provided by Subsection (g), a court may punish for contempt.
    
    (b) The punishment for contempt of a court other than a justice court or municipal court is a fine of not more than
    $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail.
    
    (c) The punishment for contempt of a justice court or municipal court is a fine of not more than $100
    or confinement in the county or city jail for not more than three days, or both such a fine and confinement in jail.
    
    (d) An officer of a court who is held in contempt by a trial court shall, on proper motion filed in the
    offended court, be released on his own personal recognizance pending a determination of his guilt or innocence.
    The presiding judge of the administrative judicial region in which the alleged contempt occurred shall assign
    a judge who is subject to assignment by the presiding judge other than the judge of the offended court to determine
    the guilt or innocence of the officer of the court.
    
    (e) Except as provided by Subsection (h), this section does not affect a court's power to confine a contemner to compel
    the contemner to obey a court order.
    
    (f) Article 42.033, Code of Criminal Procedure, and Chapter 157, Family Code, apply when a person is punished
    by confinement for contempt of court for disobedience of a court order to make periodic payments for the
    support of a child. Subsection (h) does not apply to that person.
    
    (g) A court may not punish by contempt an employee or an agency or institution of this state for failure to initiate
    any program or to perform a statutory duty related to that program:
    (1) if the legislature has not specifically and adequately funded the program; or (2) until a reasonable time has passed to allow implementation of a program specifically and adequately funded by the legislature.
    (h) Notwithstanding any other law, a person may not be confined for contempt of court longer than:
    (1) 18 months, including three or more periods of confinement for contempt arising out of the same matter that equal a cumulative total of 18 months, if the confinement is for criminal contempt; or (2) the lesser of 18 months or the period from the date of confinement to the date the person complies with the court order that was the basis of the finding of contempt, if the confinement is for civil contempt.
    Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(1), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 560, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 646, Sec. 1, eff. Aug. 28, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 25, Sec. 34, eff. Nov. 1, 1989; Acts 1995, 74th Leg., ch. 262, Sec. 87, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 7.24, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 71(4), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 425 Sec. 1, eff. June 20, 2003.
    [/INDENT] TEX GV. CODE ANN. 21.002 : Texas Statutes - Section 21.002: CONTEMPT OF COURT
    Last edited by Excon; 05-31-12 at 02:57 PM.

  3. #153
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    So what????? If the judge did execute his duties pursuant to law, then the Judge's order would have survived scrutiny. A magistrate is commanded to inform Ms. Tran of her rights pursuant to Texas law as well as other applicable law .

    TEX CR. CODE ANN. 15.17 : Texas Statutes - Article 15.17: DUTIES OF ARRESTING OFFICER AND MAGISTRATE
    http://tcweb.tarrantcounty.com/ejust...n2012_comb.pdf
    Again, you have no idea if he didn't or not. You do know that the summons didn't. Beyond that you have no idea. You are just assuming that he didn't.

    Quote Originally Posted by Connery View Post
    Then why was she sent to jail in the first place? FAILURE TO ATTEND SCHOOL carries a fine only punishment


    "TEX ED. CODE ANN. 25.094 : Texas Statutes - Section 25.094: FAILURE TO ATTEND SCHOOL
    (a) An individual commits an offense if the individual:
    (2) fails to attend school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period.

    (e) An offense under this section is a Class C misdemeanor."
    TEX ED. CODE ANN. 25.094 : Texas Statutes - Section 25.094: FAILURE TO ATTEND SCHOOL

    "Texas Penal Code - Section 12.23. Class C Misdemeanor 12.23.
    CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500."
    Texas Penal Code - Section 12.23. Class C Misdemeanor - Texas Attorney Resources - Texas Laws
    She wasn't sent to jail for the failure to attend school. She was sent to jail for ....(from the link that you provided in post #115)

    Precinct 1 Justice of the Peace Lanny Moriarty, at the Montgomery County District Attorney's request, signed an order that vacates the contempt of court conviction that sent Diane Tran to jail last week
    Contempt of court.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

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    Re: Honor student placed in jail for tardiness and truancy at school

    Texas Statutes - Section 21.002
    CONTEMPT OF COURT




    Code:
    Texas Statutes - Section 21.002
    CONTEMPT OF COURT
    
    (a) Except as provided by Subsection (g), a court may punish for contempt.
    
    (b) The punishment for contempt of a court other than a justice court or municipal court is a fine of not more than
    $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail.
    
    (c) The punishment for contempt of a justice court or municipal court is a fine of not more than $100
    or confinement in the county or city jail for not more than three days, or both such a fine and confinement in jail.
    
    (d) An officer of a court who is held in contempt by a trial court shall, on proper motion filed in the
    offended court, be released on his own personal recognizance pending a determination of his guilt or innocence.
    The presiding judge of the administrative judicial region in which the alleged contempt occurred shall assign
    a judge who is subject to assignment by the presiding judge other than the judge of the offended court to determine
    the guilt or innocence of the officer of the court.
    
    (e) Except as provided by Subsection (h), this section does not affect a court's power to confine a contemner to compel
    the contemner to obey a court order.
    
    (f) Article 42.033, Code of Criminal Procedure, and Chapter 157, Family Code, apply when a person is punished
    by confinement for contempt of court for disobedience of a court order to make periodic payments for the
    support of a child. Subsection (h) does not apply to that person.
    
    (g) A court may not punish by contempt an employee or an agency or institution of this state for failure to initiate
    any program or to perform a statutory duty related to that program:
    (1) if the legislature has not specifically and adequately funded the program; or (2) until a reasonable time has passed to allow implementation of a program specifically and adequately funded by the legislature.
    (h) Notwithstanding any other law, a person may not be confined for contempt of court longer than:
    (1) 18 months, including three or more periods of confinement for contempt arising out of the same matter that equal a cumulative total of 18 months, if the confinement is for criminal contempt; or (2) the lesser of 18 months or the period from the date of confinement to the date the person complies with the court order that was the basis of the finding of contempt, if the confinement is for civil contempt.
    Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.44(1), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 560, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 646, Sec. 1, eff. Aug. 28, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 25, Sec. 34, eff. Nov. 1, 1989; Acts 1995, 74th Leg., ch. 262, Sec. 87, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 7.24, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 71(4), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 425 Sec. 1, eff. June 20, 2003.
    [/INDENT] TEX GV. CODE ANN. 21.002 : Texas Statutes - Section 21.002: CONTEMPT OF COURT

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    Texas seems to take its schooling responsibilites seriously. I have no problem with that.
    I take it you never went to school in Texas, then. Our schools are lousy, the policies are ridiculous, and all curriculum is based around standardized tests, which provide little to no educational value whatsoever.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    Again, you have no idea if he didn't or not. You do know that the summons didn't. Beyond that you have no idea. You are just assuming that he didn't.



    She wasn't sent to jail for the failure to attend school. She was sent to jail for ....(from the link that you provided in post #115)
    Kindly reread my post. Should he have informed her of the rights, as he is commanded to so, then there would have been no issue regarding Ms. tram not being informed of her rights.


    Contempt of court.
    Yep...how does that jibe with your statement as follows: "She was not arrested until after the judge sentenced her to a night in jail."

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    Texas seems to take its schooling responsibilites seriously. I have no problem with that.
    I have a problem with excessive punishment. I don't know, I missed a lot of time in high school, still graduated with a 4.0. Didn't matter, High School is cake, it requires almost no intelligence to pass.
    You know the time is right to take control, we gotta take offense against the status quo

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    Kindly reread my post. Should he have informed her of the rights, as he is commanded to so, then there would have been no issue regarding Ms. tram not being informed of her rights.
    Issue?
    What issue?
    Where do find that she wasn't informed of her rights?
    Or is that just an assumption on your part?

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Lokiate View Post
    I take it you never went to school in Texas, then. Our schools are lousy, the policies are ridiculous, and all curriculum is based around standardized tests, which provide little to no educational value whatsoever.
    Nope I haven't. Texas is actually one of the very few states that I haven't been to.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    Kindly reread my post. Should he have informed her of the rights, as he is commanded to so, then there would have been no issue regarding Ms. tram not being informed of her rights.
    Again, as I have stated before, there are states which require both the summons AND the judge to inform the person of their rights. If one or the other does not then the person can get off scott free. Technicalities are a pain. If the judge had not informed her of her rights then I'm quite sure that the article would have stated such instead of just saying that the summons didn't. For the simple fact that a judge not informing someone of their rights is far more juicier a story than a summons not doing it.

    Quote Originally Posted by Connery View Post
    Yep...how does that jibe with your statement as follows: "She was not arrested until after the judge sentenced her to a night in jail."
    Just fine. What's your point? Judge sentenced her to 1 night of jail for contempt of court then the bailiff arrested her. I see no conflict.
    Last edited by Kal'Stang; 05-31-12 at 03:20 PM.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

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