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  1. #1
    Join Date
    Dec 2009
    Posts
    16

    Default Accepting a Plea Agreement

    My question involves criminal law for the state of: Missouri

    My question involves criminal law for the state of: Missouri



    17 yr old male, Strung out on drugs bad/ made horrible mistakes to support habbits. During 2007 our son was detained/question about two thefts/burglaries, by police. Police said he was accused of breaking into a home and stealing a playstation, videos and some other stuff. He was handcuffed & taken to the jail where he was detained on a 24hr hold, the police told him it was pending an investigation. Early that next morning he was released. Our sons states he cant remember what he told the police because he was strung out on meth, oxycotin and THC.

    Later 2008 my son finally hit rock bottom, he walked down the road up to an apartment and kicked in the door where he stole some items to hock for cash to support his habit, at which point police were called and he was arrested. There were witnessed to the his crime and statements were made. He was released the next day.
    He admitted to this crime to the authorities.

    Directly after this happened he decided life had a better path for him.
    He has been substance clean since Oct 2008
    He moved on to get his GEd, took the ASVAB sadly failed by 3points but planned on taking it again after he completed college which he is currently enrolled in.

    Moving forward:

    March of 09 a warrant was issued for his arrest on this charge, the police arrested and detained him in the county jail where a bond had to be paid, he was released. Charges were brought against him for this crime he committed in 2008:
    Description: Burglary - 2nd Degree { Felony C RSMo: 569.170 }



    Prosecutor says he has two previous charges of burglary (2006-2008) he is going to file against our son if he doesn't take what the prosecutor is offering. Lawyer says he advises taking the offer.
    Which is plea of guilty to felony 2nd degree burglary with 5yrs state prison but suspended with added probation for 5 yrs. 1 felony is going on his record and the rest go away and he has to accept it by Friday at 10am

    Lawyer states, he has dealt with this prosecutor before and there is no persuading him to change his mind. Lawyer said we can attempt to fight the first charge of burglary and could most likely end in our favor but then we will have to face the other two charges this prosecutor is threatening our son with. Lawyer says the odds are NOT going to be in our sons favor considering the evidence the prosecutor has on him for these two previous crimes. Lawyer says the evidence includes police testimony and statements made by our son and other individuals that have claimed to be witnesses.


    I am wondering as his parents should we and can we review this proof that the prosecutor has? Is that possible? Should we consult another lawyer? Can our lawyer get copies of all the statements that our son made to the police and is it ok if we ask if we can see this evidence the prosecutor says he has? Should our lawyer have copies of this evidence?
    This is a small community, everyone knows everyone here.

    Also I wanted to mention any witnesses from my sons past are merely ex drug buddies that are not so thrilled he is not willing to continue that lifestyle.

    If anything do you think it is at all possible that we could fight this thing and win?
    Currently lawyer doesnt seem to think so. I need advice please as soon as possible and a good Criminal Lawyer if you think it might be possible to win this after all.

    We are realistic and understand he created this mess for himself and dont need to be told there are always consequences to these sort of actions. We are parents that are completely and utterly at a loss and desperately looking for a second opinion.

    Thank you for your time.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,159

    Default Re: Accepting a Plea Agreement

    You can ask your son to allow his attorney to give you access to whatever evidence he has obtained from the prosecutor. The prosecutor is not going to open up his files to you.

    We have no way of assessing your son's chances in court.

  3. #3
    Join Date
    Dec 2009
    Posts
    16

    Default Re: Accepting a Plea Agreement

    thank you for the reply its appreciated

    He ended up with probation for 5yrs and if he completes it successfully (w.o getting into any more trouble with the law) then all the felonies go away for good. I think it will be a rocky road but if he wants to stay out of prison then he will get through this.

    Thanks again

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