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  1. #1
    Join Date
    Sep 2010
    Posts
    4

    Default Re: Entry on or Remaining in Places or on Land After Being Forbidden

    Public place being... public school that your child attends. Told leave school grounds while waiting for son to get signed out early.

    Also if arrested for the stated charge, do you need to be read your rights?

    Please forgive the many questions and explanation of the law, but i have no experience in this area, other than speeding ticket 10 yrs ago.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Entry on or Remaining in Places or on Land After Being Forbidden

    Quote Quoting pk100
    View Post
    Public place being... public school that your child attends. Told leave school grounds while waiting for son to get signed out early.
    Schools are not public places. You were told to leave. You must do so.
    Also if arrested for the stated charge, do you need to be read your rights?
    No. You only *HAVE* to be read your rights prior to being questioned in custody. Even then, if you weren't, it only invalidates things you say after you should have been informed.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Entry on or Remaining in Places or on Land After Being Forbidden

    Why were you asked to leave the school? They don't normally ask parents to leave for no reason.

  4. #4
    Join Date
    Sep 2010
    Posts
    4

    Default Re: Entry on or Remaining in Places or on Land After Being Forbidden

    The principal did not appreciate being asked questions that he could not answer without admitting his mistake. so when the questioning backed him into corner, he said the meeting was over. When asked, he would not let my son join the meeting to defend himself 1st hand either. Before meeting was pronounced "over" by principal, request was made to sign my son out of school. when he said meeting was over, couldn't even wait for son to be brought to office.

    I know it will come down to he said/she said and his being principal has the better position for being believed, unless there is a camera in the office.

    For a visual think of the plane scene from the movie anger management, where flight attendant is saying calm down, but he was not irrate to begin with.

    Tried to get a copy of police report, but was told that it needs to be requested by lawyer... is this correct? they said they could not give a copy until it was resolved. Uh, if it's resolved the copy is not really needed then, duh. Only thing they gave was a very brief report that listed what i posted above as the charge. only thing that caught my eye was that it says originally called for disorderly control and after investigation changed to remained after forbidden... there was no investigation that i'm aware of, as no questions were asked at least not from the parent side and no statements are listed on what i have. when asked sherrifs office for a more detailed report is when we were told we could not get it without lawyer's request. So much for freedom of information.

  5. #5
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Entry on or Remaining in Places or on Land After Being Forbidden

    Did he say the meeting was over and he wanted you to leave or did he just say the meeting was over? In other words, did he ever state to you that you needed to leave the school? If he never actually requested that you leave, you might have a chance of beating it.

    The investigation may have simply been asking the principal to describe what happened. After hearing it, the investigator felt that the events did not rise to the level of disorderly conduct so they lowered the charge.

    You should be able to obtain a copy of the incident report if they have completed their investigation. You might have file a formal FOIA request, in writing, to get it. In some states, they can simply state the incident is still under investigation (whether it is or not I cannot say) and it is exempt from any requests...even FOIA. If you know a lawyer you could ask them to fire off a formal request for it and see if that works.

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