Q: Court found my son guilty for second truancy violation without legal representation. Procedural error?
My son appeared in court for a mandatory appearance regarding his second ticket for truancy. He pled not guilty. During the initial appearance, the judge asked him questions about his understanding of truancy, reasons for being late, and his grades, ultimately finding him guilty within the same session. There was no legal representation or advice, no evidence was asked for, and no chance to speak with a public defender or request a continuance. Was this because it was his second violation, or could there have been a procedural error?
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A:
It sounds like there could have been a procedural error in your son's case. In most situations, when someone is facing legal consequences, especially for a second violation, they are entitled to legal representation or advice, even in truancy cases. The judge should have ensured that your son understood his rights and the consequences of his actions before moving forward with a decision.
Since your son was not offered the chance to speak with a public defender or request a continuance, it seems like his rights may not have been fully respected during the process. In many cases, a court should give the individual an opportunity to have legal counsel, particularly when it involves possible penalties. The fact that no evidence was presented and the decision was made in the same session could also raise questions about whether all necessary steps were followed.
You may want to consider filing an appeal or requesting a review of the case to address any possible errors. It could be helpful to consult with an attorney or legal advisor to discuss the next steps and ensure your son's rights are upheld.
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