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llong94510 · Apr 8, 2009, 02:26 PM

My son was involved in a crime a month ago and he has heard from the guy that is jails attorney and they want him to plead the 5th and 6th can he get in trouble for that. Charges in this crime are Grand theft, conspiracy, and having the stolen stuff[/U][/I].

JudyKayTee · Apr 8, 2009, 03:15 PM

What? Who is the person who is calling him? Is this someone else's Attorney, assigned counsel, the DA?

The jail doesn't have its own Attorney.

And, yes, if he enters a plea to any of the charges he can very well do time in jail.

Is that your question?

excon · Apr 8, 2009, 03:20 PM

Originally Posted by llong94510

My son was involved in a crime a month ago and he has heard from the guy that is jails attorney and they want him to plead the 5th and 6th can he get in trouble for that.

Hello llong:

You son needs his OWN attorney and needs to listen to HIM. The other guys don't want your son to tell the truth because the truth will hurt them.

The Fifth Amedment has to do with self incrimination, and he doesn't have to do that. But, he probably already did when he talked to the cops...

So, there's a lot more to this story.. If you want help, you're going to need to tell us the WHOLE thing from start to where it is now. Don't leave anything out.

excon

llong94510 · Apr 8, 2009, 04:25 PM

Ok, my son will be 18 in June and he was with 3 of his friends they are all brothers and they were in my parking lot at my apartment smokin a blunt. Cops pull up and ask them all to get out of the car and 1 is on parole. So they search the car there is stolen property which the one on parole just stole a hour before. So anyway they all get pulled in and questioned for hours. One of the brothers and my son say yes the one brother did it they were just in the car. Finally around 5:30am they release my son and I pick him up he is is cited with 3 felonies Grand theft, conspiracy and possession. And a mini mist for the pot. He is offered they other day diversion. The very next day he gets speaned the DA wants him to testify now in the mean time my son is talking to the family of the three boys and they tell him that there attorney said for them to plead the 5th and the 6th since they are minors and were questioned with out an adult he said this will keep them from testifying.

ScottGem · Apr 8, 2009, 04:34 PM

Ok, First I don't see how the 6th amendment applies. One does not "plead" the 6th amendement. However, the 5th amendment allows a witness to refuse to answer if they feel the answer will incriminate them. It would be one thing to plead the 5th if he himself is on trial. Most juries will then assume guilt. But if he's not on trail and pleads the 5th, its possible the prosecutor will them put him on trial.

In addition, it may be too late to plead the 5th if he's made a statement to the ploice.

And yes he needs to get his OWN attorney and listen to that attorney. The brother's attorney has their best interests at heart, not your son's.

I suspect the DA is offering diversion to get him to testify against the brothers.

llong94510 · Apr 8, 2009, 04:39 PM

Originally Posted by ScottGem

Ok, First I don't see how the 6th amendment applies. One does not "plead" the 6th amendement. However, the 5th amendment allows a witness to refuse to answer if they feel the answer will incriminate them. It would be one thing to plead the 5th if he himself is on trial. Most juries will then assume guilt. But if he's not on trail and pleads the 5th, its possible the prosecutor will them put him on trial.

In addition, it may be too late to plead the 5th if he's made a statement to the ploice.

Anbd yes he needs to get his OWN attorney and listen to that attorney. The brother's attorney has their best interests at heart, not your son's.

I suspect the DA is offering diversion to get him to testify against the brothers.

Yes I am thinking that when he does not testify then they will pull him from diversion and charge him. He has committed to the contract for diversion and its for six months. I wonder if that can be pulled if he does not coorperate with the DA they have asked that he be there 30 min before the trial so they can question him.

ScottGem · Apr 8, 2009, 04:42 PM

Did he sign anything? If so, what does it say?

JudyKayTee · Apr 8, 2009, 04:58 PM

As I recall - and I'm searching here - the 6th amendment has something to do with a plea bargain, the right to a plea bargain.

(I've been working all day and am brain dead but I believe that's what it is.)

ScottGem · Apr 8, 2009, 05:16 PM

6th amendment is right to a speedy trial.

llong94510 · Apr 8, 2009, 06:41 PM

Originally Posted by ScottGem

Did he sign anything? If so, what does it say?

Not that I know of. I was not there. Sorry I just got home.

llong94510 · Apr 8, 2009, 06:43 PM

Originally Posted by ScottGem

Did he sign anything? If so, what does it say?

The only thing I know that he signed was the citation. They supposedly have him on video tape, without my permission. Hell they would not even let me come to the police dept.