I was recently found guilty of Truancy (270.1) I violated probation quickly and was given 30 days jail time. I feel like

Question

My public defender failed to  show why my child had missed so much school (diagnosis of childhood panic disorder) 
& again at my violation hearing he failed to inform the judge that my children were enrolled in a accredited online private school and were meeting the state requirements. 
It would have made a HUGE difference if the judge had been made aware of these facts, both in my conviction & my violation hearing.  
*The DA who prosecuted me, his wife is my child's principal leading to unfair treatment from both the DA & the school. 
We requested a 504 plan at the recommendation of my daughter's child psychologist, to which the DA's wife conducted the evaluation. No surprise, she denied my daughter a 504 plan stating she did not qualify due to her not having a diagnosis. (which is false)Denying the 504 plan was intentional. Making my conviction that much easier. 
Is there anything I can do? Because I feel that the conflict of interest for the DA should have been addressed.

James L. Arrasmith · Answer

Based on the information you provided, it seems that there were several issues with your case, including: 
 
1. Your public defender not presenting critical information about your child's medical condition and enrollment in an accredited online private school. 
2. A potential conflict of interest involving the DA and your child's principal, which may have led to unfair treatment. 
3. The wrongful denial of a 504 plan for your daughter, despite a recommendation from her child psychologist. 
 
Given these circumstances, you may have grounds for an appeal or post-conviction relief. Here are some steps you can consider: 
 
1. Seek a new attorney: Consult with a new criminal defense attorney who specializes in appeals and post-conviction relief. They can review your case and determine the best course of action. 
 
2. File an appeal: Your new attorney may recommend filing an appeal based on ineffective assistance of counsel, if your public defender's performance was deficient and affected the outcome of your case. 
 
3. Pursue post-conviction relief: Depending on the specific facts of your case, you may be eligible for post-conviction relief, such as a writ of habeas corpus, based on the new evidence of your child's medical condition and enrollment in an online school. 
 
4. File a complaint against the DA: If you believe the DA's conflict of interest influenced the handling of your case, you can file a complaint with the California State Bar or the DA's office. 
 
5. Contest the 504 plan denial: Consider appealing the denial of your daughter's 504 plan or filing a complaint with the Office for Civil Rights of the U.S. Department of Education. 
 
It is crucial to act promptly, as there are time limits for filing appeals and other legal actions. An experienced attorney can guide you through the process and help protect your rights.

Dale S. Gribow · Answer

get a new lawyer and file an appeal 
 
file a complaint with the DA/PJ 
 
maybe set up a meeting with the head of the PD's office to discuss an appeal

Q: I was recently found guilty of Truancy (270.1) I violated probation quickly and was given 30 days jail time. I feel like