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

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

    Quote Originally Posted by Ikari View Post
    How? You have judges whom judge the situation. That's one of the purposes of a judge. Otherwise you just use a computer.
    Not sure how this relates to my statement that we probably shouldn't make people exempt from the law.

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

    Quote Originally Posted by Wake View Post
    Not sure how this relates to my statement that we probably shouldn't make people exempt from the law.
    Because some charges should be dismissed under extenuating circumstances and we have judges in part to take each case on an individual basis and judge the circumstances behind it.
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    And once again you have no idea if he informed her or not.
    As a Magistrate, the Justice of the Peace was under a duty to inform Ms. Tran of her rights, regardless whether the summons had informed her as well. That notice to Ms. Tran would have been on the record as part of the proceeding. If that occurred the district attorney would have not recommended and the judge would not have vacated the order citing lack of notice of rights. To do so, when untrue, opens the District Attorney and the judge to charges including: selective prosecution with other like individuals, fraud etc. The fact that these authorities cited lack of notice opens the judge up to a possible liability claim as Ms. Tran spent a night in jail when she could have had an attorney request a continuance and prepared an answer.

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

    Quote Originally Posted by Connery View Post
    As a Magistrate, the Justice of the Peace was under a duty to inform Ms. Tran of her rights, regardless whether the summons had informed her as well. That notice to Ms. Tran would have been on the record as part of the proceeding. If that occurred the district attorney would have not recommended and the judge would not have vacated the order citing lack of notice of rights. To do so, when untrue, opens the District Attorney and the judge to charges including: selective prosecution with other like individuals, fraud etc. The fact that these authorities cited lack of notice opens the judge up to a possible liability claim as Ms. Tran spent a night in jail when she could have had an attorney request a continuance and prepared an answer.
    Sigh ...
    Quote Originally Posted by Excon View Post
    Where do find that she wasn't informed of her rights?
    Or is that just an assumption on your part?
    Please back up your allegations.

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

    Quote Originally Posted by Connery View Post
    As a Magistrate, the Justice of the Peace was under a duty to inform Ms. Tran of her rights, regardless whether the summons had informed her as well.
    I agree. Now show where he did not inform her.

    Quote Originally Posted by Connery View Post
    That notice to Ms. Tran would have been on the record as part of the proceeding. If that occurred the district attorney would have not recommended and the judge would not have vacated the order citing lack of notice of rights. To do so, when untrue, opens the District Attorney and the judge to charges including: selective prosecution with other like individuals, fraud etc. The fact that these authorities cited lack of notice opens the judge up to a possible liability claim as Ms. Tran spent a night in jail when she could have had an attorney request a continuance and prepared an answer.
    Part of the reason that the DA recommended and the judge vacted is because the summons did not inform Ms. Tran of her rights. That is on record. The article that you linked several posts back said this same thing. Not once did it state that the judge did not inform Ms. Tran of her rights. You are the only one saying that the judge himself did not inform her of her rights.
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    I agree. Now show where he did not inform her.



    Part of the reason that the DA recommended and the judge vacted is because the summons did not inform Ms. Tran of her rights. That is on record. The article that you linked several posts back said this same thing. Not once did it state that the judge did not inform Ms. Tran of her rights. You are the only one saying that the judge himself did not inform her of her rights.
    The summons is not a requirement for notice, the Magistrate is. I have provided you with primary sources; i.e. Statutes, local rules. If the judge did inform Ms. Tran of her rights then the notice would have been sufficient, even if the summons was silent.

    I will provide an attorney's opinion who practices criminal law in Texas.

    "...Case begins when there is probable cause to believe that a crime has been committed. There are three ways that a case can be brought to court:

    • arrest of the accused at the scene of the crime or soon thereafter
    • arrest based on a warrant issued by a court as a result of a sworn complaint
    • arrest based on an indictment by a grand jury after investigation



    The Magistrate must inform the accused of his constitutional rights and determine whether probable cause exists for the arrest."

    Houston Defense Lawyer | Criminal Procedure

    Either the accused was informed of their rights by a Magistrate or the Magistrate did not inform the accused of their rights. There is no way around the notice requirement. According to the newspaper account of what occurred, the summons was a factor, but, not the deciding factor pursuant to Texas law.

    In fact, the only requirements for a summons in Texas are as follows: " A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address."
    CODE OF CRIMINAL PROCEDURE**CHAPTER 15.

    Even if the person named in the summons had their constitutional rights written on the summons it would not satisfy the notice requirement pursuant to Texas law.
    Last edited by Connery; 05-31-12 at 10:46 PM.

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

    So all we have is his assumptions.

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

    Quote Originally Posted by Connery View Post
    The summons is not a requirement for notice, the Magistrate is. I have provided you with primary sources; i.e. Statutes, local rules. If the judge did inform Ms. Tran of her rights then the notice would have been sufficient, even if the summons was silent.

    I will provide an attorney's opinion who practices criminal law in Texas.

    "...Case begins when there is probable cause to believe that a crime has been committed. There are three ways that a case can be brought to court:

    • arrest of the accused at the scene of the crime or soon thereafter
    • arrest based on a warrant issued by a court as a result of a sworn complaint
    • arrest based on an indictment by a grand jury after investigation



    The Magistrate must inform the accused of his constitutional rights and determine whether probable cause exists for the arrest."

    Houston Defense Lawyer | Criminal Procedure

    Either the accused was informed of their rights by a Magistrate or the Magistrate did not inform the accused of their rights. There is no way around the notice requirement. According to the newspaper account of what occurred, the summons was a factor, but, not the deciding factor pursuant to Texas law.
    We already know that the judge must tell a person their rights in pro se situations. Why are you still argueing this point? What is at dispute here is whether the judge did or didn't inform Ms. Tran of her rights.

    Quote Originally Posted by Connery View Post
    In fact, the only requirements for a summons in Texas are as follows: " A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address."
    CODE OF CRIMINAL PROCEDURE**CHAPTER 15.

    Even if the person named in the summons had their constitutional rights written on the summons it would not satisfy the notice requirement pursuant to Texas law.
    That is the requirement for when a summons can be issued. Not in what is required for a summons to be fully valid. IE what is suppose to be on it.
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    We already know that the judge must tell a person their rights in pro se situations. Why are you still argueing this point? What is at dispute here is whether the judge did or didn't inform Ms. Tran of her rights.
    There is no dispute as far as the black letter law is concerned otherwise the order would not have been vacated for failure to inform Ms. Tran of her rights. Again she was arrested in open court.



    That is the requirement for when a summons can be issued. Not in what is required for a summons to be fully valid. IE what is suppose to be on it.
    My apologies I mean to include the following:

    " A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address."

    "Art. 15.02. REQUISITES OF WARRANT. It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites:

    1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.

    2. It must state that the person is accused of some offense against the laws of the State, naming the offense.

    3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature."

    CODE OF CRIMINAL PROCEDURE**CHAPTER 15. ARREST UNDER WARRANT

    The point is there is no requirement for notice of rights to be contained in the summons. The following statement is factually incorrect when applying Texas law, "Moriarty looked at the extenuating circumstances that had resulted in Tran missing school and because her court summons had failed to notify her of her right to an attorney or to have one appointed for her"

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

    Quote Originally Posted by Excon View Post
    So all we have is his assumptions.
    Yep, just nothing but assumption.

    At least until he can find something to back up his claim.

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