Legal question

[Guest guest]

Hi,

This question is about my 12 yr old daughter , who is not AS,

she is PTS due to a few different things.

goes to a school for EBD children, because of high anxiety

and aggresive behavior. Not going to get into the whole story, it's a

long one.

Anyway, a few months ago there was an incident. was in

Language arts class and had an assignment to write about her most

embarassing moment, keep in mind she is the ONLY girl in the class,

and she was a victom of molestation at age 7. Of course she refused

to do it. Instead of giving her an alternate assignment (which is in

her IEP), the teacher insisted she comply, escalating the situation

to the point my daughter needed to have a few moments to herself

(also in her IEP, she is suppoesed to be allowed to take a break in

another room when she feels she needs to). Instead of allowing her to

leave the room and regain her composure, the teacher came up behind

her and put her in a bear hug (also in her IEP that she is not to be

touched unless she is not being safe), , feeling threatened,

grabbed her hand, bend her fingers, turned around and kicked the

teacher in the shin. Teacher called police, pressed charges for 5th

degree assault.

This whole thing would have been avoided, had her IEP been followed,

I have been just furious. Went to court last week, sentance was

suggested of 20 hours comm. svc, 90 days probation, anger management

classes(at a cost to me of course), and restitution. I had my

daughter plead not guilty. I don't believe charges even should have

been brought against her.

My problem is, the public defender won't even return my phone calls

do discuss her case, she thinks we should have pled guilty and

followed the sentance.

If I represent myself, does anyone know what legal grounds I

could use to have the charges dropped altogether? I live in MN by the

way. Any help is good, thanks and sorry for the long post.

Theresa