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I was summoned on a criminal misdemeanor for trespassing.

I was summoned on...

I was summoned on a criminal misdemeanor for trespassing. The charge was I knowingly showed up at my daugh

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Indiana

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, my former attorney wrote a letter to my daughters school stating I had legal rights as any parent under ferpa

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

When I showed up at her school to access records they after the fact called the police and said I knowingly entered the property without having contractual interest in the property, my daughter is enrolled in the school

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Answered in 7 minutes by:
9/12/2017
Michael Bradley
Category: Legal
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified

is there a court order prohibiting you from going to the school?

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Customer reply replied 8 months ago
No
Customer reply replied 8 months ago
The is a no contact order where I'm not allowed to contact my daughters mom but I have visitation rights as well as legal rights under Ferpa...they have to produce documents within 45 days to me under ferpa
Customer reply replied 8 months ago
Am I correct in saying I have a contractual interest in the school since my daughter is enrolled in the school?

do you have written court order to see the child

I am not sure what order you have under FERPA since that is an act to protect the privacy of school records.

what do you mean about contractual interest?

you should not be subject to criminal arrest for showing up at her school unless you were previously notified that you were not allowed there

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Customer reply replied 8 months ago
I have a written court order to see my daughter twice a week, the mother is refusing to co-operate and produce her. The school is a charter school and they are trying to deny me access, it stems from the principals husband running the adjacent church/church daycare and they tried denying me access. Ferpa guidelines state a parent has a right to access and observe their child in class. I'm trying to get to the bottom of why she was held back a grade. The husband that runs the church went against a court order four years ago and denied access to my daughter at the daycare. Thus the letter to the school from my former attorney stating my civil rights. Contractual interest is what the charge said that I have no contractual interest in being at the school to gain access to my daughters school records. There is no order stating I cannot go to the school for observation or to receive records.

if she is violating the court order then I would file for contempt and let the court figure it out

FERPA only applies if the school receives federal funds

you may need to file suit against the school for an injunction to allow you access

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Customer reply replied 8 months ago
Michael, what is the statute of limitation a prosecuting attorney in Indiana has in the legal capacity Of filing new charges in misdemeanors in general.

Each state has regulations in place, called the criminal statute of limitations, that limit how much time prosecutors have to file criminal charges. Like most states, Indiana has different limits for different kinds of crimes. For instance, while there is just a two year time limit for the filing of misdemeanor charges, felony charges have a five-year statute of limitations

Michael Bradley
Category: Legal
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
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