Families of Prisoners Support Group
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So, I hired a lawyer a few months ago and since we hired him, he's done nothing. He doesn't even show up at the court. He sends his associate. There has been nothing but continuances. They are not even trying to downgrade the charges or get him on probation or anything. They think he could get three or four years. I need to talk to someone with experience. What else can he do besides jail time for something he didn't even do! Its a case of his word against her word. His kids' mother made up a story that he forced his way in her home. He had his child with him and he was invited in. What can I do to help? His lawyer is clearly not even trying to help. He doesn't call me back. I've just reached out to other lawyers that have heard the story but because he currently has representation they aren't sure what they can do. a lot of them state that the court he is in wants jail time for everything... he's already been there four months and most of the charges are misdemeanors... There is one very big charge and he didn't burglarize the house. How do I conquer this? The ex hasn'ty realeased a statement to the court so if she doesn't make a say they will go off her original statement... what can I do? anyone?
Your lawyer has not done anything because there is nothing that can be done at this time. I am not sure what you expect him to do. I am sure he is working on the case, but there are no new developments.
I am sure he is talking to the DA to work out the best deal he can for your guy. The DA has to work with him or nothing can be done.
He does not want to go to trial, as that is too risky. If the complaining witness got up there and completely screwed up her story, he might be acquitted, but you are always taking a chance that a jury would convict him and he would get more time than he would with a plea bargain. I don't remember if he has any priors, but if so, then going to trial is out of the question. Juries tend to not believe anyone who has a prior conviction.
Remember, Florida is a conservative, tough-on-crime state, so an acquittal would be a difficult task unless you have an entire team of defense attorneys like George Zimmerman or Casey Anthony did.
If I were your defense attorney, I would be working for all the delays and continuances I could get. Why? The state cannot proceed on the burglary felony charge without her testimony. If she gets tired of this thing because it is so drawn out or if she gets cold feet, you guy will walk on the most serious charge. I am sure this is what the attorney has in mind.
Delays almost always favor the defense. Prosecution witnesses get cold feet and their memory starts to fade as time goes by. These delays and continuances favor your guy.
You are getting too impatient. Here is how I look at these kind of cases, and you should think about this: EVERY DAY THAT PASSES THAT YOUR GUY HAS NOT BEEN CONVICTED IS A VICTORY FOR YOU.
Also every day that passes is one more day that the complaining witness has to think this over and sweat this out. She is just as nervous as you are. Wait her out.
She may decide this is not worth all the effort and not testify.
Now of course, the DA can threaten her to testify, but I don't think he really cares that much about this case, as it is not a priority for him. He would probably just drop the felony charges if she does not want to testify. Of course, he is not going to let that be known because he wants your guy to plea. A plea is a certain victory for him.
If you are unhappy with your attorney, go to his office and talk to him. STAY CALM. You might get some answers by doing that.
Cmorton, there are thousands of men that are charged and convicted for things they did not do. Your guy is not the first and he surely will not be the last. I was innocent, yet I received a 20 year sentence, so it happens.
You asked, "What can I do to help." You can let the attorney take care of this case and try not to stress so much. I know you are concerned---and you should be----but I also know one other thing: your guy has not been convicted yet and that is what you want.
Just relax and try to be patient. Things will probably turn out better than you realize. Your attorney might be able to work out a deal that would be something you and your guy can live with. Give him a chance.
rewdiazepam
My bad. I just remember you are not from Florida. I was helping a couple of other people today that lived in Florida, so I got mixed up.
But the advice is the same. Be patient.
rewdiazepam
Let your attorney do his job. Rew has a lot of wise words up there. Come here and vent. Message me if you want to talk- I know exactly how you feel. I want to help.
Our judicial system is broken...that's why she is going back to school to change her career. Every lawyer she has ever worked for in her 15 years as a paralegal has told her she'd make a damn good lawyer and should go for it, but she can't stand the system itself in any way anymore. she is going back to school to be a drug and alcohol conselor, she says at least this way she can hopefully help someone before they end up on the wrong side of the law.
Be patient, to have a lawyer is better by far than not having one, public defenders, on a whole are a joke.