Prison bail set at $100,000

[Nancy]

Thanks for the additional info Worriedmom. That answers the question, the judge will certainly know he has a drug problem so there is no need for you to intervene there. And you are right that the public defender probably won't even look at the case until right before he goes into court. He will probably call your son into a room and talk to him before they go before the judge. He should listen to his attorney and follow his advice. As far as hiring a private attorney that's something you will have to decide. My husband would always recommend that but it isn't always possible due to financial constraints. I won't kid you, these are serious charges and he does have priors. The assault is bad, he didn't just steal something for drug money. I doubt very much that the judge will order treatment in lieu of jail. And I would not talk to anyone because of the seriousness of the charges except his attorney.

I wish they would get rid of those cell phone exchange kiosks. It is inviting trouble.

 

[Lil]

I agree with Nancy. Other than the pending charges in the other counties, has he been in trouble before? Did I miss that? If not, technically this could be considered a first offense, since he hasn't gotten convictions anywhere else, only charges and relatively minor ones at that. But yes, this is quite serious and the prosecutor will know about the other charges, even if he can't really bring them up as evidence.

Nancy is right, it's entirely possible that the public defender won't meet him until Court. I was a public defender for a year, right out of law school. I usually met my clients the first time sometime after the initial appearance and preliminary hearing. I won't lie. I plea bargained virtually every case. There's a LOT of that. But, it kind of sounds like that may be the best bet for your son. On the bright side, not that there is really one, if your son is convicted on these charges, it's not uncommon for prosecutors in another county to simply offer a plea to some concurrent sentence to avoid the expense of a trial. In other words, the pending charges in other counties wouldn't necessarily get additional jail time, it would all run together.

A private attorney would have more time to focus on your son's case. But you may find it to be very, very expensive.

 

[Nancy]

I did not mean to imply that public defenders were not good enough Lil, they are overworked and underpaid for sure. I agree a plea bargain is probably what is best.

 

[Lil]

Nancy, you seem to think you offend me when you don't. I knew what you meant and I agree. Public defenders are often newer attorneys (not always, some people love it and continue in the field for years) and overworked to boot. I admit, I was a mediocre public defender at best, with no time or resources to do the best job I could. Again, that varies from office to office.

WM - I will tell you this...lawyers of all kinds get a bad rap, but in my 27 years as a lawyer, while I've met lazy ones and not terribly competent ones (usually because they are criminal lawyers doing a divorce or something of the sort - working outside their normal area of practice), but I have never met one who didn't honestly want to do the best job they could for their client.

 

[Nancy]

I couldn't agree more.

Sent using ConductDisorders mobile app

 

[GuideMe]

Hello, I am new to this forum and was reading posts and will be writing my story soon. I just wanted to stop by and leave a comment. I was not able to read everything, so forgive me if I said something that has already been said.

First and foremost, I would never go to the prosecutor and ask him/her or tell him/her anything. That's a no-no, at least, according to my experience. Prosecutors are there for the victims and their job is to make you pay for what you did. I remember when I was arrested one time for disorderly conduct and assault (I was falsely accused) and I also had no prior's before in my life (I was 29 when I was arrested for the first time) and the prosecutor took no sympathy on me when I started crying and telling him what happened. He told me to stop crying immediately because he didn't want to hear it. So cruel lol. So I would caution to think very hard before you ever would go to a prosecutor. They don't care about you.

Next, despite what your husband said, even though there are witnesses, a private attorney can still be beneficial. They will make sure his rights are being upheld and being treated fairly. Even if you get a private attorney on the low end, it's still better than a public defender.

One more thing I like to add and I can be completely wrong about this, I thought state prisons were better than county jails. I have to ask my friend, he has been in a both quite a few times. I will get back to you on that.

By the way, even though the charges are bad and he might be looking at 2-5 years, they are not the worst I ever heard but don't you dare tell him that. Please let him feel the sting from this. This is probably your last real chance for him to have a wake up call. Be tough or God knows what else he might do in the future if he doesn't learn his lesson now.

 

[Woriedmom]

Hello everyone, I'm a mess right now, struggling to keep myself happy for my little girl. She can sense when mommy is very sad, even at 2 she will come over and say "somefin wong mommy?" . Then when I start to cry she does the same so I must be strong for her when in her presence ...when I'm alone it's just me and God and I'm interceding for my son in prayer with tears.

My oldest daughter ( 24 ) and I went to visit him and when I saw him I was completely devastated, he was skinny, scared and looked like he'd been violated if not living in the most humiliating confines.They get stripped search with other guys in the same room , they have to bend over and everything, this happens both when they have someone coming to visit them in which they are only allowed an hour a week. With his dignity taken away I didn't know what to say, I gave him a hug and a kiss.
I held him in my arms for a bit and was glad the Prison at least granted him that with me. All the other inmates in the room had the same with their loved ones that came to see them. Only the other guys seemed to have hope and some were even smiling...It's more than likely these were the guys who'd been there awhile and maybe were about to be released ( it's only a 2 year Prison ) not that that is any vacation but my son looked as if all hope was lost. I tried to pull myself together.
No pillow at night, only a small toothpaste and a small plastic toothbrush. They don't give him a blanket, it's only 2 sheets and a towel, of course each cell gets a toilet but it's not enclosed so they have to do their business in front of whoever is in the cell with him. He has 2 cellmates ...1 is 24 and the other is 38. God only knows what they did.
My son had never been in Prison before...my goodness he'd never been in a courtroom before (still waiting for a hearing & trial with a minor marijuana charge in 1 county and a D.U.I in the other. This indeed is his first assault charges but the fact is he did have a pipe in his hand and made bodily contact with one of the kids on the leg they robbed it is nonetheless considered assault. His "buddy" has a slew of assault charges ( including 1 sexual ) from another county and was on probation.
Now my son is freaking out praying these witnesses ( the victims) will be honest about the other guy who took a pipe and a gun (beebee) to one of the kids head. My son did say he this guy would get out of his car and beat the hell out of people for no reason at all ...but I kinda think the victims owed the guy money. My son said he knew this guy in High School and called him for a place to stay when he had to where to go. He is taking full responsibility for his actions of course but the judge will want to know the entire situation ( or so I'm hoping ). I think it is best for my son to let the judge know that he was high off a drug that made him angry. But again, there is no excuse. When my son saw how this "buddy" of his was a crazy drug dealer he should've gotten out of the picture. He stayed with the guy because I'm sure the guy was his supplier. Again..no excuse, just what might very well be the facts. So...
now my son is faced with whether or not he wants to be a "snitch" as they call it. Well, I don't see it as being a snitch but as saving himself from 5 years or more. I don't know if criminal laws differ in which state you reside in.
This other guy "his buddy", has multiple instagram pictures of loads of weed, flaunting his money ...he even stupidly has the header as "dirty money" with the big bags of weed, and even a screen shot of the balance in his account of one of the guys credit card which was in the thousands, and here's my son...with a balance of less than $ 98.00 in his only acct.
Dear God... now my son is worried that this kids lawyer will pay off the witnesses to blame everything on him. oh God, this is a mess. I wish my son never got mixed up with him.

Nancy and Lil, I do have a question...if I got him an attorney ( just for the preliminary) will it help him any this late in the game? The hearing is scheduled for next Wednesday. I will hand over my sons phone to my sons lawyer and of course let him know to only use it if it won't incriminate my son in anyway since although it shows the threats from the guy...I'm sure it shows a few of my sons marijuana sells in the past.

Again, I can only afford an attorney for the preliminary but that is important since that is where charges could be dropped if any. I'm trying to get the detective to release the police reports made that night. This would tell me more.

I will add that my son said yes he made threats to the kids so they would hand over their cell phones but that when he had the pipe, he barely hit the kids leg...would the judge ask the kid to lift his pants and see if there is a bruise? Again...the police report will tell me more of what transpired that night.

 

[Woriedmom]

I have never seen my son so afraid in all my life. He regrets everything now and I can only pray that the judge go light on his sentence. It is horrible what drugs will make our difficult child's do, I just can't believe what my son allowed himself to get into. He never knew it would come to this, I feel so so so sad...I cannot eat, I cannot sleep , he is my flesh and blood ...my son.My son who I held in my arms when he was a baby, and now look what he choose to get mixed up with. I think the weed got to his brain, marijuana first and as I said is the gateway drug .

I think he will die from regret.

 

[Lil]

WM, I really wish I had something better to tell you...but I can't believe the charges will be dropped at the preliminary hearing. All the prosecution needs to do at preliminary is to prove there is enough evidence to go to trial. Many defendants actually waive the prelim, but it is a good way to learn more about the state's evidence. If he was involved, which he was, and if he had a weapon, which he did, he is guilty of robbery. If he put someone in fear of bodily harm he is guilty of assault, even if he didn't touch them. Again...it differs from state to state some, but generally all assault requires is the apprehension of bodily harm.

I truly believe, granted it's just my opinion, that his best bet is a plea bargain. It's a first offense. He's young. Those things work in his favor. If you choose to talk to an attorney, I'd call and schedule a consultation. See what they say. See what they would charge to see the case through to a plea...if not to trial. I don't know what your prosecutors and judges are like there, but it is possible he could get probation instead of having to serve more time.

I feel so so so sad...I cannot eat, I cannot sleep , he is my flesh and blood ...my son. My son who I held in my arms when he was a baby

I understand. While I haven't had to go through what you are now, there are times, many times, when my son is at his worst that I picture him as a baby, as a toddler, and it makes me weep. All I want to do is turn the clock back and try again.

I know he's afraid and I can tell how terrified you are. I wish, truly, that there was some comfort I could give you. Try to keep the future in your mind. This is not the future. This is the present and no matter what, he can have a good future. He can get through this. So can you.

 

[Woriedmom]

Threat is actually a separate charge as well as conspiracy, he has the aggravated and simple assaults. I don't understand everything because I don't have a copy of the police report. Will the detective be there? also... I do understand a little about plea bargaining but will that be up to the victims if they will go along with it? In other words possibly 2 years instead of 7? that sort of thing? also... will the witnesses be right there in the room? and more importantly is getting a public defender or court appointed attorney really any better than a lawyer? I mean ...can a private lawyer for my son say anything better than a court appointed defender? A better plea ( bargain ) perhaps?

I will see him once more before the hearing....do I tell him the way a plea bargain works or? I mean do I explain to him the years he may possibly be looking at so he is not dead scared out of his mind in the court room? I think he already is ...and he's only been in Prison for a couple of weeks. Lord, I don't know how he will be able to handle more than 2 year sentence. I won't be able to take it either but I'm not the one sitting in Prison.
My husband says we can't come up with a lawyer but I think we could swing for one for the preliminary.... though he says he's not giving me a dime for it. He's so cruel, but I don't want to get into a discussion about my hubby.

 

[Lil]

WM, dear you're asking things that no one can answer unless they're a lawyer in your state. I'm in Missouri. States are different; their laws are different. In Missouri we wouldn't charge someone with "Threat". Placing someone in the apprehension of immediate physical injury is Assault in the 3rd degree and it's a class C misdemeanor. Attempting to cause or knowingly causing physical injury to another person by means of a deadly weapon or dangerous instrument (like a pipe) is Assault in the 2nd degree and a class C felony. Forcibly stealing property is Robbery in the 2nd degree, a class B felony. Forcible stealing while threatening someone with a deadly weapon or dangerous instrument is 1st degree and is a class A felony. And of course, you can have conspiracy to commit any of them. Sentences can run concurrently (ie: 3 - 5 yr sentences would be only 5 years total) or consecutively (3-5 yr sentences = 15 years). I'm not going to even tell you the possible sentences because they don't apply to your state and would just scare you to death. How they class crimes, what punishments they have for which crimes, it varies from state to state.

When I was in practice, no one really asked the victims what they thought of a plea bargain. But that was 20+ years ago and in a small county in Missouri. They may be more sympathetic to the victims these days. I can't say.

Pretty sure the investigative officers would be at the preliminary hearing, yes. Maybe the victims too. Generally, you can ask they be excluded from the courtroom until they testify and then they leave again...but again, different courts, different procedures.

Public defenders are real lawyers. As I said before, they will do their best, though they are hampered by lack of funds and caseload. But they are free or nearly so. I think that a consultation with a private attorney may do you a world of good since you don't really know what's what...but if you can't afford to hire one then the public defender will be appointed. I still think what I said before is a good idea. See what they would charge to see the case through to a plea.

I know your son is scared. He should be. He made a terrible decision and is getting a taste of the consequences. Where he is isn't really prison...it's holding (here we hold people in county jail, some places have portions of prisons used for holding). From my experience, prison isn't actually as bad as the holding areas. Not that it's not bad, but there's at least something to do and schooling or treatment and such. I wouldn't tell him anything about sentences, etc., because you don't know what will happen. I think the best you can do is encourage him to be prepared for the worst and hope that he can plead out with lesser offenses. Try to keep his hopes up...but not be unrealistic. Whatever happens...he can handle it. It's surprising what you can handle when you have no choice.

 

[Lil]

You edited while I was typing.

My husband says we can't come up with a lawyer but I think we could swing for one for the preliminary.... though he says he's not giving me a dime for it. He's so cruel, but I don't want to get into a discussion about my hubby.

I just don't even know what to say about that. I can say...I can see my husband saying the same thing, but not out of cruelty, just...resignation. There is something to be said for laying in the bed you made. Either way, I'm sorry.

So...on the bright side, the public defender will have a ton of experience with plea bargaining and will know the criminal court system very well. That's all they do, after all. As I said before, they really will want to do the best they can.

 

[Woriedmom]

thanks.for.the.information Lil,. Nancy, when u said.not to talk about the case to anyone did you mean in this forum as well? I mean.should I be pm ing people instead??
I just switched to my cell phone since my hubby came home early.

 

[Woriedmom]

More.than anything I.don't want my son to think I didn't at least try. There are.8 cases against him.and the.other guy I don't know if the judge is going to collect all of these together or make them separate .

 

[Lil]

More.than anything I.don't want my son to think I didn't at least try.

Dear, there is really nothing to try. His immediate future is in the hands of the legal system. You need to remember that you did not place him in this position and you can't get him out of it. He has done this to himself. He made these choices. I know that your instinct is to try to fix it. I know my instinct would be to try to fix it if it were my son. I know this is much easier to say than do. If you've read any of my posts, you know that I'm still struggling with the "fix him" impulse. But your son is not a little boy. He's 20, a legal and actual adult, and while our boys will always be our children, our babies, in reality they aren't. They are old enough to vote, to get married, to go to war...and to go to jail.

Just let him know you love him. Be all the moral support you can be. Sometimes that's all you can do.

I'm holding your hand.

 

[toughlovin]

I am sorry you are going through this and unfortunately I have some experience dealing with the court system, both through my job and from experience with my son.

So Lil is giving you a good overview and a lot does depend on the state.

So it is hard to know what the prosecuters are thinking and so hard to know if a private lawyer will get a better deal for your son than a court appointed attorney. What you do get with a private attorney is a bit more attention and time (although not always a lot). In a sense you get what you pay for. So if you can afford it it might be worth getting a private attorney, but not if you cant afford it. Dont put your own well being and future on the line for this.

The other thing to be prepared for is the court process takes time, way way too much time. Probably not a lot will happen at the preliminary hearing which can be awfully frustrating. So if you are going to get a lawyer you should be prepared to pay for one all the way through, it doesnt make sense just to do it for the preliminary hearing,

I do suggest you go to the hearing... again my experience has been that having family there helps... it helps for the judge to see that they have family who love and support them and want them to get help.

And if you havent already you need to find an alanon meeting or some kind of support for yourself. I first went to alanon when my son was in jail, and I felt a lot like you do now... even though his charges were not as serious. It felt to me like the worst thing a mother could go through.... and I was a wreck. I needed to find ways to go on with my life and live, in spite of his situation. A lot has happened since then.... and prison no longer seems like the worst thing in the world to me (homeless on the streets is worse).

I know this is heartbreaking.... and my guess is he is figuring out how to survive there.... but he is going to play up the difficulties to get your sympathy. I am not saying jail is easy because it is not but they do figure it out after a while and they do figure out how to manage it.

TL


Sent using ConductDisorders mobile app

 

[Woriedmom]

I wish I had not looked back at him when my daughter and I left the visiting room...his eyes were looking straight at me from across the room, I could see he was starting to cry as he began to undress from the orange Prison jumper right before they closed the door. I just wish I hadn't looked at those sad eyes, they were burning straight through me to my heart.As soon as I got into the next room I began to cry hysterically.

I know he is an adult but at that moment he was my little boy, my baby boy that fell down only this time I could not help him up, nor dry his tears.

 

[Lil]

WM, I wish I could say or do something to ease your pain. I have not had this experience...but even what I've gone through was enough to tear my heart out. We're here for you.

 

[pasajes4]

I remember the first time I saw my son in a prison jump suit and in leg irons and hand cuffs doing the inmate shuffle. He had tears streaming down his face, and it broke my heart. He was 13 years old and had stolen a lap top from his best friends mother. I cried so hard I could not drive home. I cried for the loss of the child I wanted him to be. I cried for his friends mother who had opened up her home and her heart to my child. I cried because I did not know what to do to "fix" the problem.

The second time I saw him in prison garb and jewelry, he and a "friend" robbed the house of one of one of our neighbors. Their son and my son had spent time in an adolescent mental hospital. The mother is a board member of our local NAMI chapter. I didn't cry. He spent close to a year in a juvenile correctional treatment facility. It was a wonderful program with counseling, educational program, and therapeutic activities. He did very well and seemed to be getting it.

The third time he went to jail was for probation violations associated with the robbery. He is now sitting in a state juvenile correctional prison. He can earn his way out in as little as 4 months and then be in a half way house in 4 months. He would have to be on probation until one day before his 19th birthday. He is going to stay in prison rather than comply with their rules.

WM, Your son, just like mine, had every opportunity to make different choices. They chose not to. You can spend the rest of your life feeling sorry for your son, or you can pull yourself out of the muck and live a good life.

The truth is it is easier to focus on our kids poor choices than to focus on ourselves. When we do focus on ourselves, we often find that we need to do a lot of work on our own dysfunctional lives.

 

[Woriedmom]

I woke up with one of the worst headaches in my life. I have a question that I'd like everyone's input for the answer. My sons car (probably worth $1,000 ) is down at the Police Inpound lot , should I retrieve it for him or not?
All this car has done is been a tool for trouble. At first I was gathering all the documents needed to get the car since right now it's not going to cost me. But....I'm not so sure I want it back here. Also...for this forum , to start or accept a PM is that what "conversations" mean ?

I did speak to the detective last night to see if I could get a copy of my sons police report. The detective told me even if my son did not touch a weapon ...because he was involved in the robberies and threats it is just a bad. He told me he couldn't get into the facts of all that happened but I did tell him my son was high that night...not in his right mind when he left the house. Also, we have evidence the other guy was threatening my son to kill him that night. Now I know none of these is of any kind of excuse for his actions but the detective did say to make sure his lawyer is told.
He also said that if my son was a minor the judge would give a small sentence in Prison then ordered to rehab. but now he is an adult and they will treat him as such.

What do I do about his car? Also, there are some very expensive clothing of his in there, if it's still in there.? It was one of the first things my son said to me when I spoke to him on the phone. He said "it's all I have mom". If he only knew what lies ahead.