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

  1. #181
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    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.

    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
    That is the requirements of a warrant. Which is not the same as a summons. A warrant is also normally given to a police officer who then tells the person their Miranda Rights...which is required when arresting someone be it with a warrant or without a warrant. Many a case has been dismissed because a persons Miranda Rights were not told to them when they were arrested.

    Quote Originally Posted by Connery View Post
    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"
    The point is you do not know if there is a requirement for notice of rights to be contained in the summons. You have been refering to the wrong laws/regulations. Though it can be assumed that there is since every article that I have read on this case, including the ones that you provided, said that the rights were not stated on the summons. Not that the judge did not tell her the rights that she has. How can dozens of articles all say the same thing and be wrong in their presentation? Even though those news agencies do not belong to each other? Are all of them as inept as you are claiming that one article to be?
    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

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  2. #182
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    That is the requirements of a warrant. Which is not the same as a summons. A warrant is also normally given to a police officer who then tells the person their Miranda Rights...which is required when arresting someone be it with a warrant or without a warrant. Many a case has been dismissed because a persons Miranda Rights were not told to them when they were arrested.
    Read the staute.....It states, "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 point is you do not know if there is a requirement for notice of rights to be contained in the summons. You have been refering to the wrong laws/regulations. Though it can be assumed that there is since every article that I have read on this case, including the ones that you provided, said that the rights were not stated on the summons. Not that the judge did not tell her the rights that she has. How can dozens of articles all say the same thing and be wrong in their presentation? Even though those news agencies do not belong to each other? Are all of them as inept as you are claiming that one article to be?
    Try again, I have not provided the wrong law I made a committed a clerical error and corrected it. The judge was required to inform her of her rights not a summons. Accept it or reject it, that is the law.

  3. #183
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    Read the staute.....It states, "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."
    Those are the state laws. Have you looked at what is required for county laws? Believe it or not county's can have thier own laws and requirements.
    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 Kal'Stang View Post
    Those are the state laws. Have you looked at what is required for county laws? Believe it or not county's can have thier own laws and requirements.
    I already posted local rules....

  5. #185
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    I already posted local rules....
    Where? All I've seen are state rules. Just a post number is fine. No need to copy/paste.
    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 Kal'Stang View Post
    Where? All I've seen are state rules. Just a post number is fine. No need to copy/paste.
    149.............

  7. #187
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    149.............
    That was for Tarrant county. This case happened in Montgomery county.

    Also that Tarrant county link mentioned nothing about summons.
    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 Kal'Stang View Post
    That was for Tarrant county. This case happened in Montgomery county.

    Also that Tarrant county link mentioned nothing about summons.
    Here you go.. http://www.supreme.courts.state.tx.u...9/09919400.pdf

  9. #189
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    I saw nothing in there about summons or warrants.
    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 Kal'Stang View Post
    I saw nothing in there about summons or warrants.

    You will not. There are no local rules that will supersede the state rules regarding notice.

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