I am so sorry again. I was charged under section 7-301 of the education article in the code of maryland. We had one hearing and I was found guilty. However I filed an appeal. The year before the charges were bought I homeschooled my child. The following school year I sent her to live with her father in another country. The charges are from the time when the child was living with her father outside of the USA. In court my attorney argued that 1. I did not have legal custody of the child the father did. 2. at the time of the charges I did not have care and control the father did. 3. The child did attend school in that country and we had the report card. However I was found guilty. Part of it was because the state said that the child resident was here in MAryland because the child had lived in maryland the previous year. and the other part the judge said was because even the the report card stated school year 2008-2009 the grades started Oct 2008. So he found me guilty for Sept 2008. We did try to explain that the grades received in October were from the work the child did in Sept and Oct was the date that the report card came out however i was still found guilty.
So I have been advised that next time I should agrue the reside and care and control more strongly. This is why I am looking for cases that have been heard before. We did argue the same definations that you gave me the first time in court but still lost. Thanks again for your help.
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