Need some advice

Shortie · #1 03-23-2002, 07:13 PM

Ok ladies and gentlemen I am in a serious delimia spelling? Anthony asked me to decide if we should try to take these assult charges from the fight with the inmate to trial. I am totally torn. Not to mention scared.

It was self defense the other guy jumped my husband. But since anthony cracked the guys scull they pressed charges on him. I am really scared cuz his attorney is saying they can give him 25 to life. His attorney is saying he thinks we can get the prosacutor to drop the charges or give him a plea bargin but why should he take it when he was literally fighting for his life.

The second issue is racial. The other guy is white and anthony is not. We have several witness statements that support anthony's story (for lack of a better word). They are not his friends so there is no bias opinion. I am just scared. He has never had a violent crime. Both of his crimes where burgulary of habitation. No weapon and no other people involved. The other guy is in on a 6 yr bit for agg. assult already. So what would you guys do???????? Please help me I have told anthony I really don't want to decide this by myself, he said he trusts me and knows that I'll do enough research and make the right choice. Why is his so sure and I am not???

Amelia · #2 03-24-2002, 02:01 AM

Shortie, First of all I would suggest you go in a room by yourself, get real quiet and just concentrate on your issue...Secondly I would talk with your lawyer and if you arent totally secure with his/her opinion ask a few others...See what the most common advice is...just dont let fear back you into a corner!! Stay strong and EXPECT a miracle!!! GOOD LUCK!!

Joy · #3 03-24-2002, 07:44 AM

You do have a big decision to make. Yes, talk with your lawyer and check out all your options. If you are not satisfied at all with his answer, go somewhere else. However, and this is just my opinion, if he was defending himself, do not plea bargain. That is just saying he is guilty. My husband had a lawyer try to get him to plea bargain on some drug charges and he wouldn't. If he had he would have gotten 10 years, instead he fought, was found guilty but only served 2 years. This lawyer just didn't have the time or patience and wanted him to plea bargain so she could go on to another case. Like I said, that is just my opinion. Good luck and keep us posted.
Joy

Digger · #4 03-24-2002, 11:04 AM

This is a decision I had to make and was not an easy one.
I just posted under the topic " THE ROAD TO PRISON"
an article that you may want to read.
The name of it is THE DEFENSE REST.
God Bless
JOHN

jdswifey02 · #5 03-24-2002, 05:46 PM

Shortie.... Difficult question indeed, and I basically have to second the advice most have given here... collect all of the information you can... and then pause/reflect/meditate and go with what your GUT tells you.... I do agree that based on what you say it sounds like you could have a very good argument AND evidence to fight with if you choose that route... If you didn't have any evidence, then I wouldn't recommend a fight (because we all know what we can't PROVE doesn't mean anything)... there are is some good circumstantial evidence to support Anthony's version as well... I am assuming this is also his first incident of aggression since IN prison?? Good luck on making the decision and all that will follow....

**David** · #6 03-24-2002, 06:04 PM

I hate to even ask this, Shortie, but do you know what they are trying to offer for a plea-out?

David

Shortie · #7 03-25-2002, 10:40 PM

No we have not even heard if they are offering a plea bargin. They have not even brought his case up because they have not evidence to support the agg. assult charge. They only filed the charges because they had to according to TDCJ code because the other guy got hurt. So the prosicutor is not even worried about this case. Yes this is his first insidence of violence not only in the system but in his life. As far as charges are concerned. He has only had the 2 charges I mentioned before.

I got a letter from him today and he asked if I had thought about it. I have my gut feels good but you know the judical system is great at kicking you right in the gut when you least exspect it. I am doing a background check on his attorney to see what lies in the closet and then I will go from there. His attorney did say that he has won 3 of the 4 trials in that county on agg. assult charges. All black men as defendants and one of them beat up a guard. So that did make me feel better. I am going to check out this trial record and see if he was telling me the truth or just trying to make me feel better. We will see. I am not stupid but I know that we can bet this with proper reprentation.

Shortie · #8 03-27-2002, 07:07 PM

I just found out they are bring anthony up for court on the 16th of April.. So I am scared we have to decide what to do by then. I am praying that the prosicutor will just drop it but we all know that is a long shot. I am just trying to collect myself. Help me !!!!!!!!!!

Any one know anything about the prosicutor in JONES COUNTY TEXAS??

Barrister · #9 03-28-2002, 04:22 PM

Shortie:

Sounds like your friends have offered some well founded opinions.

Let me suggest, discovery, in this case should reveal the evidence of the prosecution. Counsel can prepare a motion for discovery or even subpoena duces tecum if necessary. Once your loved one has that information, you and he can make an informed decission, based on the evidence.

I would certainly want a copy of all medical records of the victim. That is an easy accomplishment, subpoena duces tecum would provide the production of those records.

I would want copies of all statements made in the investigation and all reports leading to his being charged. Counsel will know how to proceed in that effort. If you would like to discuss these kinds of things, I am available http://www.PalTalk.com I am Barrister, so add me to your contact list on PalTalk. You can find me in Social Issues category, then look for The Legal PUB. E-mail me your screen name so I can add you to my list.

Hope this has given you somethings to think about and some direction to proceed in.

Good luck,

Barrister

Barrister · #10 03-28-2002, 04:49 PM

David:

I think your inquiry concerning a plea settlement is a good one. I think you are considering that at such an early stage of the proceeding, the prosecution is offering a settlement, then there is little possibility of conviction.

I don't think the prosecutor would offer a proposal quite yet. It is my understanding this case is set for a hearing in April some time. So it will be some time, I think, before the prosecutor will come forword with a settlement offer. I suspect this hearing in April is a prelim. I believe this case has already been to arraignment and counsel has been appointed.

Of course, now comes all the pretrial motions and discovery and ect.

By the way, I think your friends have a sincere and devote friend in you. Thank you for your concern. I wish there were more people like you.

Barrister

Joy · #11 03-28-2002, 09:49 PM

As I was reading your reply earlier, I was wondering if you might be able to find some information for me, and I know many others would like this information. You talk about getting information on what the prosecution has. I have been trying to get my husbands file from INS so that we can know what is in his records so we can fight his deportation order. They absolutely refuse saying we have no rights to his file. Not even Juan. They won't let him see it. We cannot afford a an immigration lawyer, or as I have been told by some pro bono lawyers they will not represent Cubans because they are lost causes. So, we now have to rely on ourselves. My question is, how can we get a copy of his Immigration record and what they have? If you could lead me into any direction in this I would greatly appreciate it.

Just thought I'd ask

Joy

Shortie · #12 03-28-2002, 10:15 PM

I am going to take all this to heart. I am trying to get on to the unit for court the warrden is trying to stop me. I pointed out then the penal code in texas allows family members to be present in ALL court proceeding while in custody of the TDCJ. He is making a decsion and told me they will call me back. That was on Wed. I still have not heard anything yet.

I am just frustrated and I want to know what is going on. Yes you are right we are on the pre lim. So we will get to hear more on the 16th then. The attorney says that he is going to try to talk to the pros. and get it dismissed. They have no basis for the charges. He was already disaplined by the prison and the charges not based on facts.

So we will see what happens. thank for all of the advice.

Barrister · #13 03-28-2002, 11:44 PM

Joy:

I wish I could offer you the information you seek. However, please understand, I do criminal constitutional law. Anything I offer you is pure speculation. Perhaps FOIA might be a way.
However, I am certainly not sure.

May I suggest, my dear lady, with the current state of the politics in this country, I do not think there is much hope I could offer you.

You can find me in The Legal PUB in the evenings on http://www.PalTalk.com as time allows me. Should you wish to discuss the issue further, you certainly can in voice with me.
I will attempt to find an attorney who may be of some assistance to you. It is my understanding that many of the immigration attorneys are extremely busy these days.

You are quite correct, you do require an immigration attorney to aid you. However, I will attempt to locate some information for you, that I think may be of some worth to you. However, it may take me some time. I am not as skilled in immigration matters as I am criminal law.

Best wishes,

Barrister

Barrister · #14 03-28-2002, 11:51 PM

Joy:

I wish I could offer you the information you seek. However, please understand, I do criminal constitutional law. Anything I offer you is pure speculation. Perhaps FOIA might be a way.
However, I am certainly not sure.

May I suggest, my dear lady, with the current state of the politics in this country, I do not think there is much hope I could offer you.

You can find me in The Legal PUB in the evenings on http://www.PalTalk.com as time allows me. Should you wish to discuss the issue further, you certainly can in voice with me.
I will attempt to find an attorney who may be of some assistance to you. It is my understanding that many of the immigration attorneys are extremely busy these days.

You are quite correct, you do require an immigration attorney to aid you. However, I will attempt to locate some information for you, that I think may be of some worth to you. However, it may take me some time. I am not as skilled in immigration matters as I am criminal law.

Best wishes,

Barrister

Joy · #15 03-29-2002, 08:25 AM

Thank you for listening. I do understand that this is not the time to be in any kind of trouble with INS. However, I feel that INS is taking out their frustration of the events going on on those who are innocent and really are here just to make a better living for themselves and their family. I just don't understand why immigration lawyers are so expsensive when they know that most immigrants in jail cannot afford them. It's like a catch 22.

I just thought I'd ask. You never get anywhere unless you try.

Again thank you for your time.
Joy