Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Jun 2008
    Posts
    6

    Default Preparing For Trial And Switching Lawyers

    My question involves criminal law for the state of: Ohio

    My son was indicted for a felony 3 fleeing. This was done by a secret indictment. He was unaware of any warrants or charges against him. He was living a couple States away. He started a new job and went through background checks, acquired State Identification through the State Police Department. No indication that he had a warrant. Information was given by a person in jail to the Detectives ( where secret indictment took place 8 months prior) in exchange for their release from jail and charges on them being dropped. They came to my sonís place of employment and arrested him and he was held until he was extradited back to Ohio. They have made his bond so high we cannot bond him out. Prosecutor told judge his warrant was since August and he was caught out of state. My son told the judge he did not know anything about a warrant and was not in the State at that time and he had plenty of witness's. No bond reduction which makes it impossible to help himself. His court appointed attorney called witnessís and told them not to bother it would not do any good. His trial date is June 30 and we are trying to come up with the money to hire a lawyer. His court appointed attorney told him it was too late to change lawyers. Doesnít he have to have any evidence or witnessís on his behalf turned in before a certain amount of time before trial.
    He lost his job, his vehicle, and he has a wife and 3 year old twins who depended on him. The only evidence that I read in their discovery was some girl who said that my son was driving this vehicle that fled. Please Help What should we do?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Preparing For Trial And Switching Lawyers

    Your son's lawyer needs to follow discovery rules and any scheduling orders issued by the court.

    If you find a criminal defense lawyer willing to take over the case, talk to that lawyer about whether there is still time to switch lawyers. It sounds like you've waited pretty much to the last second here, and what the court appointed lawyer has probably told your son is that the judge is not going to adjourn the trial just because he changes lawyers at the last second.

  3. #3

    Default Re: Preparing For Trial And Switching Lawyers

    You have waited too long and it is probably too late to change lawyers or even get one to assist. The attorney cannot discuss the case with you without your son's permission. Get it now and immediately meet with the attorney. Unless you push he will probably not do much. You also need to be in court for the trial. What has your son said about the incident?
    There seems to be a lot you do not know. If there are any witnesses in his favor you need to be sure the subpoenas have been issued and served so they will be in court even if you have to pick them up.

    Has he asked for a jury trial?

  4. #4
    Join Date
    Jun 2008
    Posts
    6

    Default Re: Preparing For Trial And Switching Lawyers

    August 7, 2007-[/B] Secret Indictment - My sons name is not included in the local paper with Indictments that were issued on this date. (Nothing on Indictment states its Secret)
    August 7, 2007 -Issued Warrent - ( Secret is hand written at top)
    Address on warrant is also my home address - No one has ever been to our address to serve a warrant or any mail on the charge.
    September 2007 - November 2007 - a. Switched jobs through employment agency 2 background checks Nothing showed. b. Hired by employer that he was working through temp agency background check again- nothing Also he had lost ID and went to State Highway Patrol Dept. to get State ID - nothing showed.
    May 1, 2008 - Arrested while at work.
    May14,2008- Extradited back to Ohio - No Bail
    May 15, 2008 - Initial Appearance - No Counsel, Counsel was appointed, Comments on Bond- *Prosecutor- States warrant have been outstanding since August 7, 2007 and state had no idea where he has been. It is a failure to comply He fled from police and when vehicle was stopped he fled on foot. States the transportation officer states he was picked up in Tennessee and would be all the more reason to ask for a significant bond.
    * My sonís comments- When this happened I was not in the state. I can get proof and witnessís I did not run from the law or hide from this warrant. I did not even know I had a warrant.
    ^Judge - What you are offering is a defense to the crime and that is something I'm not going to consider on the question of bond. He said he would read the pre-sentence report and police report. Bond was set at 25,000 = 2,500 10% ( My son has never been charged with a Felony before and has around 4 minor traffic violations in past.)
    May 19, 2008 Plea hearing- Court appointed attorney refused to request bond reduction. Not guilty plea entered. My son states court appointed attorney spoke with him briefly told him he was guilty and that he could not get another lawyer. My son told him of witness's
    Around May 21, 2007 - Court appointed attorney calls my sons wife and asks her if she is going to bail him out. Tells him don't have money arresting her husband left her and children with no income. States to attorney Husband in Tennessee at time of incident and that around 11 witnesses had filled out affidavits. Attorney said are they all willing to foot the cost of travel, time and testify. He told her not to bother that my son was guilty and it would do no good. She was shocked. In the discovery the only eye witness listed is some girl who said he was driving the police officers that are listed only describe the event. What about his witnesses Ė will they be able to take off work Can they afford to come.
    During this time I have spoke with 3 attorneys 1. 1,500.00 up front to take case Ė Must have before he will discuss what he can do. 2. Criminal Attorney had consult free- will take 2,500.00 down and let me make payments of remaining 3,000. 3. Local attorney with good rep.- Consult 150.00 will be deducted from fee of 2,500.00. Met with Bondsmen who must have same amount of cash as what the bond is only money I pay him is not refunded. Iím the only person my son has to try and help him. In the mean time my father is in a hospital 60 miles from my home on Life Support. Had heart valve replacement March 26, 2008 Iím the only person he has and I drive this 5-7 days a week. I have medical power of attorney. It really does not look too good at this point. I will not give up. The cost has been tremendous.
    Last Week- My son told me the attorney said he could plead guilty to the felony 3 they would push the court date to August 1 2008 and give him time served. Or he could plead guilty to a felony 4 but he would serve more time. He ask my son did he really want to put his wife, and other witnesses in an embarrassing situation. He told him if he was found guilty at trial he would get the maximum sentence. He ask the attorney to call me he never has. My son is a big baby and this scarred him to death and he was considering taking the plea. I told him he should not say he did something he did not. This would affect him and his familyís life. How would ever get a job.
    Today Ė On my way home from the Hospital I was driving past the attorneyís office as he was walking out for the day. I pulled over and ask to speak to him. I explained to him about my dad, the money and the stress. I ask him about a bond reduction He said the judge would not do it because he lives in Tennessee. He told me he spoke to my son today and he told him he knew about the Felony warrant. I know my son did not tell him that. How is it possible for him to have known? I ask him what if you find out he was not here and his grandfather dies and he cannot even see him. He told he would talk to the judge but he wasnít going to do anything. He told me to find my son a job gets a letter from an employer and the judge might reduce his bond. How is this right? They had him arrested on the job, he lost his job his familyís income health insurance etc and know he has to get a job before he can get out.
    June 30, 2008- Trial date I will ask my son if they have ask him about a jury trial.
    I donít have much experience with the court system (not one moving violation) But I thought you were innocent until proven guilty. At this point even if some miracle happens look at the damage that has been done. Iím really desperate. I need to be with my dad his life depends on me now. What else can I do. What should I do. Please help. Thank-you

  5. #5

    Default Re: Preparing For Trial And Switching Lawyers

    If he was not in the state on the date of the incident you need to have the witnesses and proof ready at his trial date. Sounds like he has an incompetent attorney but there are always two sides to the story. Where was he staying? Did he rent, use a credit card, buy gas or anything on paper that puts him out of the state.

    If the attorney actually told any of the witnesses that you need to get them to put it in writing and notarized for future use.

    Check with the court directly and be sure the trial is actually scheduled for June 30. These things change on a daily basis so you will have to keep up. Send a certifed letter to the attorney stating that you have witnesses that will put him out of the state and you want to know what date to have them there for trial and to keep you notified of any changes. The more you can put in writing now will be of help later on.

    Whose vehicle was involved? How does he know the girl? Did you get his approval for the attorney to give you a complete copy of the file? Him asking the attorney is not sufficient. He needs to put it in writing.

  6. #6
    Join Date
    Jun 2008
    Posts
    6

    Default Re: Preparing For Trial And Switching Lawyers

    He was out of the state at the time of the incident. He was in the process of moving back to Tennessee. He and his wife had been separated for a couple of years and had been talking for several months and decided to reconcile. He has the witness that he rode to Tennessee with. He did not have a credit card but the person he rode with did and bought gas with it. He has a witness that he stayed the night with on his way. He also has several witnesses that can place him in Tennessee on the same day and a day before and a day after. His witnesses have gone to an attorney and had a legal form to sign and have notarized. I worry about the some of the witnesses having the money to come to court and there is the fact that some of these people work. We cannot afford to pay for anyoneís expenses right now and that worries me. There are some of them that will make the trip. I go to visit him for 15 minutes twice a week. I talk to him through a glass via phone. All the calls are subject to monitoring and recording. I worry about asking him questions or talking to him about what I have documented so far. Itís kind of like having the people who for some reason want to nail you know what you are working on. One of the sheriffs involved in the investigation has shown up at the jail every time I visit but a few times. After all of this you can call me a little paranoid. The vehicle that was involved in the incident belonged to my sonís ex-girlfriend. They were together for a year and a half. I donít think she was aware that my son was moving or reconciling with his wife. She was not happy about the split. Iím sure she was aware that something was up. The girl that was in the van was a friend (so he thought) that hung out with my son and his ex-girlfriend. This girlís husband also hung out with them some. About 4 weeks after the date of the incident my sonís car was stolen. It was parked in back of our house. He had left it there when he went back to Tennessee. The car was reported stolen to the sheriffs dept. They would not come to our And refused to talk to us when we went to the sheriffs dept. The car was found about 6 miles from our house. It had been run out of gas and the person who took it uses baseball bat that my son had in his car
    and busted all the windows out. We soon found out who took the vehicle because there were three witnesses were he stopped after he had left our house. The names were given to the sheriffs dept. As far as I know no one was ever questioned. I got the report that the sheriff wrote out when they found the car. I also found out that the person who took the car went to another personís house with the same bullbat and busted their car windows out and the door glass to their house. The sheriff was called
    and it took them 45 minutes to respond The same name was given to the sheriff that was given by us on the same day. These people said the sheriff would not even take a report and sided with this person.
    This person was ORíed from the county jail the same day right before all this happed. The people that also had trouble the same day do not know about what happened to us that Iím aware of. The person that the two complaints were made about is the husband of the girl who is the witness against my son. I know there is more that I donít know about. My son decided to take the loss on the car it was not worth all the trouble. The report makes it look like my son was driving his car that was left. I talked to the tow-truck driver who the sheriff called and he told me they knew the car was stolen. His statement to me was no one steels their own car and busts the windows out with a ball bat. I never told him about a ball bat. I never asked him how he knew. I found out about the other victims of the ball bat by accident by reading a local public forum where they complained and mention specific names. I printed out copies of the thread in the forum. I almost want to go talk to them. They reported in this forum that this person was trying to set them up in order to get out of some trouble that they were in. I looked in public record and the person who used this bat had been in arrested and OR even on a Felony theft around the same tome for about two months he was arrested Ė Or Ė arrested 1-4 days after OR for another crime and or again. I have all this documented. But I must say this does scare me a little. What might they do if they knew I Know all this. I will have my son put it in writing to his attorney and I will send a certified letter to him also. Do you think all of this information is related and can be used? I started snooping and have found most of this information since my sonís arrest. I did read the forum about the other people before the arrest. Oh! His ex-girlfriend most definitely knows about my son moving back to his wife and I canít imagine she if too thrilled about him now. He did do her unfairly. The discovery lists her as a witness. It says nothing about her giving a statement and I know she was not involved in the secret indictment. I know she has information that could help my son but Iím afraid to call her and ask since she is listed as a witness for the state. Iím not afraid to talk to her she a nice girl but I donít know if Iím allowed. That might be why they listed her as a witness for the State. Can I talk to her? the sheriff that keeps coming to the jail when Im there is the one involved with my sons car being stolen also and I would almost bet he also was involved with the other people and not taking a report for them. In the report I got about when they found my sons car there is a notation at the bottom of the report from this same sheriff It states that this reported person was in jail almost a month later and denies he even knws the car owner and has never met them. this is so proveable a lie. i really believe this sheriff knows this and was involved in the whole thing.
    I just want it to go away Using evidence against law enforcement or any that indicates this could be very dangerous. This is a lot to handle with a sick father also. Is it worth fighting if some one might get hurt or set up. im not to worried about getting in trouble am very straight with the law biggest trouble I was ever in was I spent 15 minutes in the hall in 3erd grade for a messy desk.

  7. #7
    Join Date
    Jun 2008
    Posts
    6

    Default Re: Preparing For Trial And Switching Lawyers

    Things have gone from bad to worse. On my way home from the Hospital I thought I got lucky when my son's court appointed attorney was leaving his office as I was driving by. I pulled over and ask if he would speak to me. I told him about my fatherís critical condition and how this was affecting us being able to post bond. I showed him hospital documents. I told him it was of utmost importance for my son to out of jail so that he could help with his defense. I explained about the secret indictment and not knowing about the warrant, etc. His attorney said the judge would not reduce the bond because he lives out of state. I explained not knowing what evidence police reports, statements etc. And being able to gather his own evidence etc. would leave him helpless and unable to properly defend himself. He finally said he would talk to the judge. He suggested I find someone give him employment and have them write a letter and bring it to him. He told me that my son would not spend any time in prison and not to worry about him but to go take care of my father. I came home and read your suggestions. I wrote and sent the certified letter. I told my son to send a letter to his attorney about giving me information about his case. My son said his lawyer came to see him Friday. States he told him he could get his bond reduced to 1,000 cash bond if he agreed to a plea. Stated he could always change his plea before his hearing. Stated he could get his felony conviction expunged for 500.00 right away if he does not change his plea since he does not have prior felony and very few traffic violations. States he can leave the State to go home if he gets documented proof of employment from Tennessee. i told him this does not sound right and not to plead guilty to something he did not do. States the attorney says if he don't plea no bond reduction and he will sit in jail 5-6 months before trial. He was totally devastated. This attorney has never even considered defending my son. I called the Court about the next date to check if the trial was set for June 30 and it has been change to Tomorrow morning for a change of plea hearing. I can't even talk to my son until Wednesday. I'm feeling really helpless myself. What can I do?

  8. #8

    Default Re: Preparing For Trial And Switching Lawyers

    Unfortunately in this country you get all the justice you can afford. If the Duke players had not been able to afford the best, they would all be in jail right now. The legal system is stacked against you once you are arrested since you are presumed guilty. I cannot tell you which is the best way for him to go if he is innocent. If he is guilty, take the plea offer.

    Do you own property in the state? If so, you can usually put up the property as a bond.

  9. #9
    Join Date
    Jun 2008
    Posts
    6

    Default Re: Preparing For Trial And Switching Lawyers

    Yes we do and I suggested this to his attorney. That is when he told me to get someone willing to employ him and get it in writting and bring it to him.
    Why tell someone this and turn around and schuduled a change of plea hearing. Should there be a pre - trial conference held in court before the change of plea hearing. My son only mentioned that he was told a pre-trial hearing was schuduled for next week. If he agrees to this plea. What happens next? Isn't a change of plea hearing like going to court and pleading guilty and you are sentenced. How would bail be pollible if your sentenced.
    Can he then post bail and put together a defence, work to get the money to hire effective counsel. Is there any means to try to correct this wrong. how stressful and confussing

  10. #10

    Default Re: Preparing For Trial And Switching Lawyers

    Can he then post bail and put together a defence, work to get the money to hire effective counsel.
    If he is innocent, that would be your best option. Once he accepts the plea, it is pretty much over. If he actually has all this evidence he was out of state, I don't understand why the attorney has not met with the DA and tried to get the case dismissed. There has to be more to the story.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Preparing for Trial
    By Upstanding in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-29-2010, 08:43 PM
  2. Trials and Verdicts: Preparing Witnesses for Trial
    By grebmohr in forum Civil Procedure
    Replies: 2
    Last Post: 08-14-2010, 11:35 AM
  3. Speeding Tickets: Preparing for a Speeding Trial
    By michelle in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 01-08-2010, 08:48 AM
  4. Motions: California Trial De Novo, Speedy Trial (45 Days), and Informal Discovery
    By zxd in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 11-28-2009, 12:40 PM
  5. Divorce: Preparing For a Divorce Trial
    By mattcw31 in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 09-10-2008, 05:57 AM
 
 
Sponsored Links

Legal Help, Information and Resources