Criminal Truancy Charges

[marklw47]

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.

[Mr. Knowitall]

Have you tried presenting proof of your claims - that your failure is one of documentation, and not of neglect of your child's education - to the prosecutor?

I personally think it makes sense to have legal counsel.

[marklw47]

You know, that's a good angle I haven't looked at yet. In his first two years of school, we were the ones who had to fight to get him placed in the special education program. We had to initiate, on our own, visits to numerous mental health professionals, on our own dime and time. If we would have waited for the school systems own child find program, and evaluation program we probably would still be waiting. Would we go through all that time and trouble if we were neglectful parents?

Question is, will that be enough proof for the Magistrate/DA?