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Class C Question

Posted: Wed Mar 03, 2010 11:37 am
by Utopia54
I was issued a summons for Contributing to Non Attendance of a Minor. Could this charge result in losing my CHL? I am trying to determine if I need to get a lawyer or if I can fight the charge myself.

Re: Class C Question

Posted: Wed Mar 03, 2010 11:58 am
by seamusTX
Did this boil down to your kid playing hooky?

If so, it should not affect your CHL.

I would do whatever it takes to get the issue cleaned up. I am not a lawyer, and you should consult one for legal advice.

- -Jim

Re: Class C Question

Posted: Wed Mar 03, 2010 6:29 pm
by Utopia54
Jim

Thanks for the response. Yes it is about a kid playing hooky. Thing is it is not my kid just someone who was staying with us for awhile.

Re: Class C Question

Posted: Wed Mar 03, 2010 7:16 pm
by RPB
Texas Education Code.


Here's the applicable section; at least part of it, click the link for the full text.
http://www.statutes.legis.state.tx.us/D ... htm#25.093" onclick="window.open(this.href);return false;

Sec. 25.093. PARENT CONTRIBUTING TO NON-ATTENDANCE.
(a) If a warning is issued as required by Sec. 25.095(a), the parent with criminal negligence fails to require
the child to attend school as required by law, and the child has absences for the amount of time
specified under Section 25.094,
the parent commits an offense.
(b) The attendance officer or other appropriate school official shall file a complaint against the parent in a
justice court …
(c) An offense under Subsection (a) is a class C misdemeanor (up to $500.00 per offense)…
c) An offense under Subsection (a) is a Class C misdemeanor. Each day the child remains out of school may constitute a separate offense

If the court orders deferred disposition ....


(f) The court in which a conviction, deferred adjudication, or deferred disposition for an offense under Subsection (a) occurs may order the defendant to ....


(i) In this section, "parent" includes a person standing in parental relation.

Re: Class C Question

Posted: Wed Mar 03, 2010 9:14 pm
by ScottDLS
Utopia54 wrote:I was issued a summons for Contributing to Non Attendance of a Minor. Could this charge result in losing my CHL? I am trying to determine if I need to get a lawyer or if I can fight the charge myself.
It's a Class C Misdemeanor and not "disorderly conduct" so it will not have an effect on your CHL. Even speeding is a class C. Now if you feel really strongly that you are innocent and want to spend money to go to trial, then by all means do it. But your CHL should be safe.

Re: Class C Question

Posted: Thu Mar 04, 2010 3:37 pm
by TDDude
One word: "Home School"

I guess you and the child's parents had your reasons for keeping him out of school but Home Schooling works and the only requirement that Texas has is that you show proof that you are indeed schooling your child. The proof for us (if ever anyone tries to raise a fuss) is the work that they've done.

Just a suggestion.

What's the difference between a Home Schooling mom and a pit bull?
Lipstick... :coolgleamA: :coolgleamA: :coolgleamA: :coolgleamA: