Hello to everyone!

Does anyone know who I can talk to about my son's attorney? He is always busy with other trials/cases and when he returns my calls he state he haven't heard anything yet from the prosecutor. My son's pretrial is scheduled in a couple weeks, and I don't want to be surprised with information that I should have known.

I have called other attorneys and they really don't want to talk to me since I have an attorney, and because of the county we live in. The former prosecutor did tell me that this county is very crooked and is known for "getting what they want."
Go figure!

My son want another attorney, but this is his 3rd one and I don't think he can get another one. Also, my son is listening to all of those jailhouse attorneys who are telling him stuff to relay to me. I'm not sure what to do. I just want my son to come home.

I'm open for suggestions, advice, etc.

Thanks to all!

Cindi:

Call your Texas State Bar Association and ask them what you should do.

Let me warn you, This is the way All attornies are. I have never known one that will call you back about anything. Sometimes, you can make friends with one of the secretaries in the office, and you might get more information that way than through the attorney.

We have come the the resolution, here in Catawba County, North Carolina, that both the D.A.'a and the Defense Attornies are on the same side. They socialize, they play golf together, they literally stay together all the time, so why would they do anything that would harm the other's career.

Be careful what you sign and DO NOT PLEA BARGAIN to any charge. Go all the way with your case.... Even as far a a Jury Trial.

Be Careful

Donna

Hi Donna (Budwoman)!

I think my son's next hearing will be about a plea bargain. The attorney said we don't want this to go to a jury trial because the jury will give him the maximum sentence. My son wants a jury trial, but I don't think we will have enough character witnesses. I don't know what to do. I am very frustrated.

I am going to call the Texas State Bar tomorrow to try and get some questions answered. I will let y'all know what they tell me.

Take care, and y'all are in my thoughts and prayers. PEACE!

Cindi:

The reason I say, don't plea bargain is this. When my Son was 17, he was accused of kidnapping and raping his ex girlfriend of two years. They had slept together and had been together all of this time. Her father caught them one night after a Football Game. He was the Star Football player and She was a Cheerleader. Her father made them break up. He was heartbroken and went to their house to talk to them. He had always been in that house and had spent many nights there.
Her father made the charges against him and had him arrested the next morning. When the trial came up one year later, My attorney talked me into the fact that he needed to Plea to a lesser charge. The jury had heard part of the evidence at the trial. This was such a trumped up situation that it was very clear what had happened, but because I knew nothhing about the law, I trusted my attorney and begged Butch to Plea. He Did and went to prison for two years for Breaking and Entering. No Rape charges were against him.

When I went downstairs to the Jail and they were moving him to prison (18 years old) 6 of the Jury met me there. They were very upset and asked me why we Plea bargained. They told me that there was no way he would have been found guilty because they knew what the truth was..... I could have died. My son served two years in prison that he should not have served because I talked him into the plea. That is why, Now, that he got a 52 year sentence. Because he has served time before. That one Plea ruined his complete life.

I am totally against any Plea. The only reason they are offered, is because the System does not want to spend the time or money to go through a Jury Trial.

It is yours and your sons decision, but please find out first exactly what you are bargaining to and what the consequences are for him. Insure that you can trust his attorney. If you can't, find someone else who will tell you the truth.

Best Wishes
Donna

Ms. Cindi:
Ms. Budwoman is absolutely right about the plea bargain. It is a risky legal ploy which can backfire without proper written agreements previous to the plea. As I have said before, pleading guilty cancels all rights to an appeal. This is my suggestion, but I don't know the circumstances. If your son is guilty of the crime and you know for a fact that all evidence is gathered against him, consider a plea for lesser time. A first offense person will usually get probation on property crimes, thefts, and small drug charges such as simple possession (less than 28 grams, one ounce). If your son in not guilty, by all means, fight the hell out of it. Never trust a court appointed lawyer with your future. He gets a check every month for the number of names he turns in for representation. He is paid before the job is done and will not need your reference for the next customer. Same principle for hiring a contractor on your house; never pay until the job is done. Most lawyers want a retainer which means, "I will listen, look, and talk with the DA, but when I see the size the enemy; I'll give you my bill." Normal attorneys represent for around $110-250/hr which usually will accumulate a bill of $1500 for small cases and as much as $10,000 for larger cases such as armed robbery. Retainers are usually 1/3 of the expected bill. When you have the initial consultation, the attorney sizes you then for your wealth and also knows about what he will charge. Pay the 1/3 and the rest when the job is done or start payments. If he says, "I need it all upfront." Tell him you are a working mother with a small paying. You don't have a whole lot of money, but can borrow some. You will borrow when you know exactly how much the bill is and prefer paying after the job is done. ask about his ability of representing. what can he do for the money? Tell him YOU WILL PAY OFF THE BILL AS FAST AS HE WORKS FOR YOU. He works for you and there are attorneys in every town. You wouldn't walk on a car lot and buy without a test drive, and without knowing the cars past record for dependability. No employer will hire you without checking your reference. some lawyers go to night law school and not a university; they can not try cases. They do not have trial priviledges on legal license for practice. ASK QUESTIONS ABOUT THE MAN BEFORE PAYING HIM. One of the reasons divorce rate is so high is because people do'nt get to know each other before they make a legal commitment and a intimate bond. Lastly, the attorney may not have an answer for like Ms. Dona said, "They haven't played golf yet." The golf course is a safe place for discussion because noone can hear the conversation. I once hired an attorney which was across the street from the county courthouse. He was the "Most powerful" in my county, meaning he was all the judges best buddies. I never went to trial because all was handled outside the courthouse. My attorney went to court for the certification of our written agreement. My case was not a large case; it was a civil which is totally a different type proceedings. Golf course can be a good thing when people need to talk without witnesses. Have you ever taken your spouse to the bedroom and shut the door where little ears can't hear? Give your attorney some time provided he is a creditable lawyer. He will have the same outcome as all the others except your high dollar lawyers such as Mr. Johnny Cochran..... the boy is bad and they know it. When he walks in the courtroom, they say, " Here'sssss Johnny." The decision is yours and you must live with your choices. Your son is scared and has other people that are struggling their case for advisors. Go with your heart. I bet you can size a person's character very well. You know who is and is not good people in your town. Remember, you want known friends/people own your team when you play the game. I hope, I helped you believe in yourself again for I believe you have made more good decision in your life than bad ones for you are alive and kicking. EVERYTHING IN WRITING. PAY AFTER THE JOB IS DONE AND YOU ARE SATISFIED WITH HIS WORK.............38 Special...

Cindi,

Regarding plea bargains, I've plea bargained every case I've ever had. I was however, guilty of everything I was charged with. In each & every case I got a pretty decent deal. The general rule is if your guilty, & they pretty much have you, your better off copping a plea. If your innocent, or you don't think they can prove their case, your better off taking it to the box. But, & this is a big but, if you take it to the box, & lose, you can almost be guarenteed that they will max you out. In plea bargains charges can be dropped, charges can be reduced, time to serve can be determined etc. If hes guilty he can go back & forth with the DA & try to get his time lowered etc. It took me 6 court appearences to get the DA to go from 3yrs to 6months. I guess I've been lucky cause my partner in crime got a public defender, which means I got a court appointed attorney (a private attorney paid for by the court because the public defender couldn't represent me because of conflict of interest).

What 38 special said was right, if he takes a plea he loses his right to appeal. 38 is also right on about the lawyers.

That's messed up about his lawyer, he can try to get a new one, he won't get one if he doesn't ask, but after 3 they may think its a delaying tactic. Best thing to do if you can't get a new one is to hound him, so he does what you want to get you off his back. Budwoman has a good idea, the bar assoc. may help you out.

Budwoman, don't beat yourself up over his earlier plea, you thought it was best at the time, & there was no way for you to know what was going to happen in the future. I agree never cop a plea if your innocent, or if they can't prove it. But either way its a tough call.

Jail house lawyers, you get what you pay for, LOL.


Good luck------Ken

Hi 38Special!

My son's bond is set for $400,000 for aggravated robbery which he didn't do. Someone received minor injuries. But because of my son's juvenile record, they are going to try to keep him locked up for a long time. My son's told everything he knew about this crime, even giving the name of the person who actually committed the crime.

I wish I could hire Johnny Cochran. My son and I feels he is getting "railroaded" because of his prior record and age. We are trying to get a hold of the other kids who can verify my son's whereabouts at the time this crime took place. We have a few more weeks before my son's next trial. I will keep y'all posted. Thanks for responding! Take care! PEACE!

Hi Ken!

So what you're saying is if my son if found guilty by the jury, he can request his sentence be lowered?

Also, my son's first attorney withdrew from the case because of client-attorney conflicts, the second attorney's partner was married to the prosecutor in my son's case, and we are working with the third attorney. I just don't know what to do. I just want my son to be treated fairly and possibly given another chance. My son's next trial is in a few weeks. I'll keep y'all posted. Take care! PEACE!

Juvenile record are sealed under the "Youthful Offender's Act." The Pre-21 Years can not be used against him. If you know for a fact that your son is innocent, (I am not calling you a liar) please hire an attorney. Don't let your son be reviewed and represented by the court lawyer for they are young and inexperienced. They would not be court appointees if they were winners for they would not have the time. If money is a problem, mortgage your house and let your son pay it back when he is free. No evidence, good lawyer, and freedom.
Borrow the money. You probably could get a good attorney for around $2000.00 with a $500 - 750 downpayment. Hell , you will spend that much in phone calls from the prison. First offense as an adult with a robbery and a harmed victim carries a stiff penalty because of the harmed victim. Get your boy an attorney . When you get him out of jail, slap the hell out of him for being with the wrong crowd and move from Texas. Sorry about your son. If I can help you in any way, please leave me an e-mail. .................38 Special...........

Cindi,

No if it goes to a jury (taking it to the box), & he is found guilty, they will almost certainly give him the max. The judge in some cases has a little room, but he will only go down in time for good reasons.

I don't know about Texas but in Calif. juvenile records are no longer sealed, & juvenile adjudacations can be used as priors on adult sentences.

If you decide to fight it definately get a good lawyer. We use to bring kids into the prison & try to express to them that just being around people committing a crime will get you caught up into it. I was charged with a crime once that I didn't actually do but was involved with in a round about way, so they dropped the charges, & re-charged me with conspiracy.

Good luck----Ken

Ken,

My son is not going to plea bargain because he didn't do it. But as you said, "he was around the wrong people at the wrong time." Also, the person who actually committed the crime is nowhere to be found. So far, my son is being charged for everything that happened.

In Texas the juvenile records are not sealed when another crime has been committed. Even though my son has done time for the criminal mischief in those records. I am so confused, angry, depressed, etc. I am almost at the end of the rope. The attorneys I have talked to want at least $5000-$10000 upfront before they take the case. I can't afford that right now. Hopefully, they will be able to find the kid who committed this crime and the State will give my son a lessor sentence. I will keep you posted!! PEACE!

Donna is so right...don't plea bargain. A jury gets informed of just
the rules and unlike the attorneys they do not have a gray area.
It is part of our system too many people have been made afraid to
use and it's their best part..
My son took a plea ten years ago and has spent 7 of the last 10 back
and forth on tech violations and now got 14 yrs for ag assault, one
punch in self defense. Don't give up please???

Manscandee

Michelle409,

We have been told several times if we go to trial, the jury will give my son the max sentence, and that really scares me. If that is what they are trying to do, it is working very well. However, my son wants to go to trial because he said he is not going to plea to something he didn't do. The person who did it, is on the "run" and a warrant has been issued for his arrest. In the meantime, they State says my son is just as guilty. Again, he was in the wrong place at the wrong time. I am trying to hang in, but he is getting more difficult. I will keep everyone posted!

Thanks for responding!! PEACE!:(

WAY TO GO CINDI..... HE REALLY IS MAKING THE RIGHT DECISION..... THE SENTENCE WON'T BE TOO MUCH DIFFERENT. AND ONCE HE PLEADS GUILTY TO A CHARGE HE DID NOT DO, THEN HE WILL BE GUILTY ALL HIS LIFE..... I DON'T BLAME HIM IN THE LEAST.... HE NEEDS A JURY TO HERE HIS STORY...

MY LOVE
DONNA

Hey Donna!

I'm just afraid he is going to get the max sentence if he doesn't plea. We don't have any character witnesses, our attorney insist on plea bargaining, but he knows my son is not going to do it. It's almost as if the attorney want me to encourage my son in to the plea thing. I don't know what to do. If he plea, will he have to do all of the time, or half?

Thanks for responding!! Take care! PEACE!

HON

HE WILL BE ABLE TO EARN TIME OFF. USUALLY THEY WILL DO 85% OF THEIR SENTENCE... BUT, THERE IS ALSO PAROLE IN SOME STATES. I DON'T KNOW ABOUT TEXAS.... YOU SON IS ALSO YOUNG.... DOES HE HAVE ANY PREVIOUS CHARGES THAT MIGHT AFFECT HIS SENTENCE... THERE ARE SO MANY THINGS TO LOOK AT...

PREVIOUS CHARGES COULD HURT HIM..... DO YOU NOT HAVE ANY FAMILY OR FIRENDS THAT MIGHT BE WITNESSES FOR HIM? SURELY THERE IS SOMEONE? ALSO, AN ATTORNEY ALWAYS TRIES TO TALK YOU INTO A PLEA.... THAT IS WHY THERE ARE SO MANY PLEAS..... MOST PEOPLE WHO HAVE TAKEN THEM REALLY DO REGRET IT.... BUT YOU AND HE MUST WEIGH THE OPTIONS AND MAYBE IT WILL BE BETTER FOR HIM..... IF THIS IS HIS FIRST TIME AROUND WITH THE LAW, I DEFINETELY WOULD NOT PLEA....

GOOD LUCK
DONNA

Hey Donna!!


Yes, my son does have priors that probably would hurt him. They were all while he was a juvenile. He did serve time for them. This is the first one under the adult court since he was certified. He said he wasn't going to plea at all. Whatever decision he makes, I will accept---regardless.

His trial is coming up soon and they haven't asked for any witnesses in my son's behalf. My son think they are going to reschedule the hearing. I am so scared. I am tired. I will keep you posted. Take care!! PEACE!