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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I am homeschooling my 9 year old and I was told on Thursday,

Customer Question

I am homeschooling my 9 year old and I was told on Thursday, by local school district, that there was a warrant for my arrest.I was instructed to call the state attorneys office. I called the # XXXXX was given and I was told that they couldn't talk to me because there was an ongoing investigation. When I called the school Board I was told the same thing. I would like to know why I'm being threatened with arrest and why no one can discuss this with me. I really don't expect that you can help me, I just thought it was worth a shot. Thank you
Submitted: 7 years ago via RomingerLegal.
Category: Criminal Law
Expert:  Samuel II replied 7 years ago.



it is difficult to help you without knowing why there would be an arrest for you - unless it is related to your son not being in school. homeschooling is perfectly legal; however, those parents who home school need to register with the board of education. thereby, that, of course, would let them know the child is being schooled and not just truant. parents can be held liable for their children's absences. the state's attorney is under no legal obligation to reveal anything about an ongoing investigation. you can contact your local sheriff and see if there is indeed an outstanding warrant for your arrest and what that charge is and then you will have a better idea of how to proceed.



Customer: replied 7 years ago.
I really appreciate your reply but it's all information that I was able to find out on my own. I did go through the school board last year when I withdrew my daughter from public school. When I spoke to the school board on Thursday they did say they knew that she was being home schooled. To find out about the warrant I have to go to the police station and if there is a warrant, of course, I'll be arrested on the spot. I guess what I'm trying to figure out is why there would be a warrant and how I can find out without actually being arrested.
At this point my plan is to just go to the police station tomorrow and be arrested if there is a warrant. At least then I would be allowed an attorney (which I can't afford). My biggest predicament is that they want to arrest my husband as well. I have to do something about my children as they obviously would be taken by the State if my husband and I are arrested.
Thank you so much for your reply, I do appreciate that you did try to help me and if I ever need legal advice in the future I will turn to this site.
Expert:  Samuel II replied 7 years ago.



i can not offer any other suggestions for you - i said to call the sheriff and ask. i never said go to the police station. there is no other way to find out..

Customer: replied 7 years ago.
I did call the polce staion and they won't give me any info over the phone. They informed me that I would have to come to the station to find out. Again, I really appreciate that you have tried to help me, I am sorry, I won't waste any more of your time.
Expert:  Samuel II replied 7 years ago.



no problem. good luck. no need to reply to this info request. thank you

Expert:  Joseph replied 7 years ago.

I'm wondering if the dispute here is over semantics, there is a difference between the POLICE station and the SHERIFF'S department. The police station would be your city police while the sheriff has jurisdiction for your entire county.


The police department may well have obtained the warrant, but the sheriff's office typically houses and serves the warrants. As such, it might be helpful to call the SHERIFF'S department, they will often provide information on the warrants, whereas the police department might not.


Additionally, and I know you said you couldn't afford an attorney, an attorney might be able to assist you in getting the information you seek.


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