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

  1. #191
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    You will not. There are no local rules that will supersede the state rules regarding notice.
    I have never said that there are no local rules (or laws for that matter) that can supersede state rules. But they can add onto those laws.

    Edit to add: Unless of course a state law specifically forbids adding onto a specific law.
    Last edited by Kal'Stang; 06-01-12 at 02:51 AM.
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  2. #192
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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 have never said that there are no local rules (or laws for that matter) that can supersede state rules. But they can add onto those laws.

    No that must be passed by state legislature as far as I know and must be uniform throughout the state. How can they add in any event, if they provide more language that does not assist the accused in being apprised and understanding his rights.

  3. #193
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    No that must be passed by state legislature as far as I know and must be uniform throughout the state. How can they add in any event, if they provide more language that does not assist the accused in being apprised and understanding his rights.
    County's do have their own legislature. Usually called "Town Fathers" or "City Council" or some variation thereof. And yes they can add on their own little ordinances, rules, laws. And adding on that a summons must have, for instance, the Miranda Rights attached to it does help a person. They basically get that info twice...which can't be a bad thing. Not that they have to help a person. For instance a county curfew can be held earlier than a state curfew for the simple fact that most curfew laws are worded with the words "no later than". A county could demand that a person or group of persons having a picnic must carry a trash bag when on local parks even though the State doesn't mandate that for parks.

    It's basically the same as federal laws vs state laws. A state can make any law that it wants to as long as it doesn't conflict with federal law. And a county can make any laws that they want to as long as it doesn't conflict with state and federal laws.

    Also the law doesn't have to be uniform through out the state. The law only has to be uniform across the area that it applies.
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    County's do have their own legislature. Usually called "Town Fathers" or "City Council" or some variation thereof. And yes they can add on their own little ordinances, rules, laws. And adding on that a summons must have, for instance, the Miranda Rights attached to it does help a person. They basically get that info twice...which can't be a bad thing. Not that they have to help a person. For instance a county curfew can be held earlier than a state curfew for the simple fact that most curfew laws are worded with the words "no later than". A county could demand that a person or group of persons having a picnic must carry a trash bag when on local parks even though the State doesn't mandate that for parks.

    It's basically the same as federal laws vs state laws. A state can make any law that it wants to as long as it doesn't conflict with federal law. And a county can make any laws that they want to as long as it doesn't conflict with state and federal laws.

    Also the law doesn't have to be uniform through out the state. The law only has to be uniform across the area that it applies.
    I beleive it would be a very bad idea. A summons on it's face merely informs a party to appear at an appointed time and place. Should the charge result in Class C misdemeanor the penalty is "fine only" and the party charged is not entitled to an "appointed attorney". This nuance is not explained nor should it be, that would confuse a party being summoned. How many languages should Miranda be shown. This does not take into account age, disability or other ability to understand. The aforementioned are just a few of the practical considerations to take into account.


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