My question involves criminal law for the state of: West Virginia
Recently, my wife and myself received a criminal summons to appear for a violation of SS (sorry no symbol) 18-8-2. There was no criminal intent at all and the only thing we are guilty of is failing to turn in letters of excuse. There are many extenuating factors here including: Autistic child on an IEP. Principal never held conference to discuss absences. Never received any notification that we would be charged criminally before being summoned (not even a phone call requesting the excuse notes). At least two dates on the criminal complaint are wrong.
We have almost weekly contact with the school and have never heard a concern about these absences, even in the IEP meetings. It is beyond my reasoning why these charges were filed when a simple phone call or email would have solved this whole problem.
Without getting too wordy (maybe too late), taking into account the max sentence, and that each absence can be a separate count, should we roll into court and place our trust in the local magistrate or should we spend the quoted $2500 for representation.
Thanks for everyones time, and I will get more specific if anyone wants more info.