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blueyeslaughing · Feb 15, 2011, 07:02 PM

My son went to a public defender for burglary, he entered the house and let the dogs out with a friend. He did not steal. The cousin of the house that was entered told him the dogs were left to die. A couple of days later the cousin entered the house with 2 friends and stole some items. The public defender said he could get it possibly reduced to trespassing. The state was recommending the prodigy program. He was going to get statements from all involved. The public defender had a conflict of interest my son was dropped and handed to a private attorney. He says my son is quilty should plead quilty and if he doesn't he will probably do time in juvenile detention because the judge will say he wasted his time and should have plead quilty in the first place. No one else is being charged in this case. Restitution is involved and I would have to pay it as his mother and the only way I could recover any of it is from civil court which is near impossible. What do I do??

Fr_Chuck · Feb 15, 2011, 08:02 PM

Find another attorney who knows how to work the plea system, what type of attorney did you get a divorce attorney, does not sound like a criminal law attorney, if the other attorney had a plea deal worked out,

Next what sort of conflixt was there with the first attorney ?

But yes he sounds guility but no a judge in Juv court does not say his time is wasted, it sounds like your attorney feels his time is being wasted.

Is he being forced to do this without pay working in place of the public defender

blueyeslaughing · Feb 15, 2011, 09:12 PM

Fr Chuck, the confict was the public defender was handling a case for one of the other defendants that wasn't being charged in this case, I can not afford another attorney, get I get another one? I do believe the attorney wants to end the case quick because of the lack of pay. Can I get a different attorney stepping in for the public defender or will that matter?

blueyeslaughing · Feb 15, 2011, 09:14 PM

Also you state he sounds guilty, does that mean even though there where 2 separate instances and no theft was committed while my son was there other than letting the dogs out, he is still guilty of burglary??

AK lawyer · Feb 15, 2011, 09:38 PM

Originally Posted by blueyeslaughing

... the public defender said he could get it possibly reduced to trespassing. The state was recommending the prodigy program.
...
Restitution is involved and I would have to pay it as his mother and the only way i could recover any of it is from civil court which is near impossible. What do I do??????

First, tell, don't ask the appointed defense attorney to negotiate a plea of trespassing, with a recommended sentence of participation in the Prodigy Program (whatever that is). If this negotiation doesn't work, your son is convicted, your son can explain "wasting the judge's time" by explaining that the state refused to negotiate reasonably.

Restitution is your son's responsibility, not yours. So it should be set according to his ability to pay, not yours.

Finally, I'm confused: other than suing your son, how could you possibly recover restitution you pay on behalf of your son through civil court? Who would you sue?

blueyeslaughing · Feb 16, 2011, 05:11 AM

There are other people that did do it with witnesses that saw the items sold to another person, this is in the police reports. My son has no income he is 16. Thank you for answering.

Fr_Chuck · Feb 16, 2011, 05:37 AM

I see the issue quickly, attorneys have to take "free" cases for defense if the PO are having issues with a case.

But the attorney works for you ( or your son)

Next unless one defendant is going to testify against the other, being the attorney over both defendants is not any real conflict. So I would be concerned that the other parties have put all the blame on your son.

But plea deals is almost common, a person would never plead guilty without trying to get some plea deal.

excon · Feb 16, 2011, 05:45 AM

Hello b:

Couple things.. IF your son pleads guilty, then you will NOT win against any other defendant in civil court - because your son said he DID it.

Next... AK is right... TELL the lawyer what to do. DON'T let him decide. If that's not good enough for him, you CAN fire him and have a NEW private attorney appointed. Do it by certified mail, and tell him specifically WHY he's fired. Send copies to the prosecutor and the judge.

Third: Yes, he's guilty of burglary because he ENTERED the house. He MAY be found not guilty, however, by a jury because of jury nullification... That means, that even though the jury KNOWS he's guilty, they won't FIND him guilty because they agree with WHY he did it. That defense is risky, but it's your SON'S defense, and if he wants to go with it, he should have the choice. You too.

Fourth. As in ANY negotiation, STRENGTH is the key to victory. If the prosecutor THINKS he could lose, or THINKS the case could make him look bad, or THINKS it'll cost too much money to try, or any number of things, it WILL result in a better offer from his office. That's another reason to plead NOT guilty.

excon