2nd court appearance & difficult child-A's thinking is out there

[Mom2oddson]

The Prossecutor offered a plea deal of
No time in jail (365 days gone)
$850 (out of $5000)
Don't drink or do drugs. (didn't request mandatory classes)

difficult child-A doesn't like this. He pleads not guilty and requests a public defender.

He let me know that he did that because he's going to have the charges dropped. They didn't read him his rights.

When he walked into court yesterday he had to read his rights and sign if he understood them. Then the judge asks if he understands his rights, he says yes.

difficult child-A isn't worried about that because they didn't read them to him on the day of the incident, therefore, they have to let him off.

And by not taking the plea - the 0 days in jail is off the table.

Got to love the way their minds work. So, now he just has to visit the public defender before his March 1st court date.

 

[rejectedmom]

Just shaking my head here. -RM

 

[witzend]

Teflon boy. Heh.

 

[Suz]

Yep, I'm shaking my head, too.

Suz

 

[klmno]

I don't know that I qualify for a PE'er because my son is out of the home, but he's a juvenile and will be returning. I just couldn't help responding to this- as I'm shakiing my head, too. In a way I see the point that if it's the law, it shoudln't be ignored and pushed under the table if the police or anyone else doesn't comply with it. But I know they did a lot of under-handed stuff with my son- including lieing to him by telling him they had tried but couldn't figure out where I was (I was at home- they never called) when they were questioning difficult child and he asked for his parent. He was 12yo. It made no difference in court - I always thought it was because it was juvenile court where they rarely follow the same procedures as big-boy court.

But your son had a great deal put on the table given what he was facing- I'll be interested in learning what the public defender has to say when he hears this.

 

[gcvmom]

Hoo-boy. Sounds like you are working that detachment angle very well right now!

 

[JJJ]

Wow -- I hope he gets a good public defender. Do they even need his statements or do they have enough other evidence???

 

[WhymeMom?]

Ah, a budding lawyer.........

 

[DammitJanet]

Oh what a dummy!

Number one, life isnt Law and Order!

I used to be under the false impression that if you committed a crime the lovely cops would show up and arrest you and before you even spoke would raise their hands to the heavens and say...OH LORDY STOP! I must read you your Miranda rights! LOL. Nope.

They can cuff you, toss you in the back of the car, take you down to the station and throw you in the holding room to "chat" all without arresting you. You can just be talking. Unless you ask for a lawyer, they dont have to bring it up! They can lie to you, they can tell you anything. Now once you ask for a lawyer...the deals on the table and they have to put up or shut up.

Jamie always told Cory to never tell them anything but his name but he never remembered that advice. Its really the best thing to do. If they dont have the evidence to make a case stick or take to grand jury without you talking, they can only hold you for 48 hours I think.