Families of SOs Community Group
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On 12/17 my sons lawyer received a plea deal. The thing is, my son still has not seen it, his lawyer has not yet gone to see him, he was supposed to go last Monday but he requested an extension on the deadline (so my son would have time to decide). Now the deadline is 1/7, but my son still has not seen his lawyer or the plea.
I have seen the deal, it calls for between 15 and 25 years among other things. This is not at all unusual, my son has seen/talked to his lawyer twice in 6 months. His lawyer told him that he was as sure as he could be that he would be able to get the charges dropped, he also promised him that he would not serve any more time. He is currently serving 10 years. He also told my son that once Montana is dealt with and he is assigned a "permanent home" he will start his court ordered counselling, once he completes it, the lawyer will request early release due to his medical issues. He said that his lawyer here can do the same.
This guy made promises to my son that he will not be able to keep, no additional time, will be able to get early release (his charges are federal). That if they go to trial there is a real good chance he can get the charges dropped. The emails I get from his secretary are to say the least, unprofessional, and I don't think she has heard of spell check, I know for a fact that she doesn't proof read anything she sends out. They copied me on the motions they filed, complete with miss spelled words, and wrong dates.
I told my son that there is a plea deal on the table and that his lawyer will come talk to him about it. I told him about the deadline extension (to give him time to decide), and my sons response was; what is there to decide, the lawyer is trying to get the charges dismissed, what about the motions he filed. He filed 2 motions almost a month ago, still no response that I am aware of. Now I Will be faced with the task of trying to talk my son out of going to trial and to accept the fact that he will be convicted, he will have additional time tacked on. If he goes to trial, he will be so screwed, but right now his lawyer has him convinced. Also, now if this guy backtracks and suggests that he accept the deal, my son will probably be devastated. All we can do is try to get the time to run concurrent with what he has now. I am also not looking forward to the time when he realizes he will not be getting early release.
I am seriously considering going to the Bar about this guy. Just the fact that he has lied to my son, and has had very little communication with him. The emails and motions I have seen, demonstrate that he needs to retire, so does his secretary.
I have seen the deal, it calls for between 15 and 25 years among other things. This is not at all unusual, my son has seen/talked to his lawyer twice in 6 months. His lawyer told him that he was as sure as he could be that he would be able to get the charges dropped, he also promised him that he would not serve any more time. He is currently serving 10 years. He also told my son that once Montana is dealt with and he is assigned a "permanent home" he will start his court ordered counselling, once he completes it, the lawyer will request early release due to his medical issues. He said that his lawyer here can do the same.
This guy made promises to my son that he will not be able to keep, no additional time, will be able to get early release (his charges are federal). That if they go to trial there is a real good chance he can get the charges dropped. The emails I get from his secretary are to say the least, unprofessional, and I don't think she has heard of spell check, I know for a fact that she doesn't proof read anything she sends out. They copied me on the motions they filed, complete with miss spelled words, and wrong dates.
I told my son that there is a plea deal on the table and that his lawyer will come talk to him about it. I told him about the deadline extension (to give him time to decide), and my sons response was; what is there to decide, the lawyer is trying to get the charges dismissed, what about the motions he filed. He filed 2 motions almost a month ago, still no response that I am aware of. Now I Will be faced with the task of trying to talk my son out of going to trial and to accept the fact that he will be convicted, he will have additional time tacked on. If he goes to trial, he will be so screwed, but right now his lawyer has him convinced. Also, now if this guy backtracks and suggests that he accept the deal, my son will probably be devastated. All we can do is try to get the time to run concurrent with what he has now. I am also not looking forward to the time when he realizes he will not be getting early release.
I am seriously considering going to the Bar about this guy. Just the fact that he has lied to my son, and has had very little communication with him. The emails and motions I have seen, demonstrate that he needs to retire, so does his secretary.
Again, I am sorry your having to go through this may god bless you and your family
James
totally sucks. it's not like she killed someone or even touched them.
Your daughter was literally thrown to the wolves. Her PD did the worst job I have ever seen in all my years. He just threw up his hands and allowed the prosecutor to do as he pleased. I am so sorry that happened.
And neither a PD nor a judge can dictate to what prison someone will be assigned after sentencing. That is totally under the control of the DOC or, as in the case of your daughter, the BOP.
rewdiazepam
DaisyMae, I am thinking of going to the Bar about this guy. The biggest issue is one I cannot point out to them though, that would be age discrimination. He has got to be in his 70's, been a lawyer for 38 years, knows nothing about computers, is extremely paranoid, doesn't trust police, the system itself, does't like talking to his clients on the phone (someone could be listening), doesn't like going in to see clients because the room could be bugged, and he's real good at giving people false hope.
Echo, I feel your pain. My son had a PD here, she got him the best deal she could, but pulled no punches. I wish she could be his lawyer now.
I'm not sure if you can, but seems that the court should be able to give you more time, if your son hasn't seen anything. Unless his lawyer has but hasn't spoken with your son about it.
Going to trial puts more money in your lawyers pocket as well.
If you can, find another lawyer. It will automatically give you more time as well.
I tried to take our 1st lawyer to the Bar and I spent a lot of time getting info together and trying to get someone there to do something about it. It's part of the system. The FL Bar decided the 1st lawyer did his job, which was total BS and frustrating. It won't help your case right now and time better spent in other areas.
Nakohichi, I wish we could get a new lawyer. The problem is that he has to have a PD, none of us have the money to hire a lawyer. He was told by a few guys that he can request a new PD, but the judge may not approve it, or he could wind up with someone worse (I can't imagine anyone worse than what he has now).
The lawyer has the plea deal, he's had it for about 2 weeks, my son has not seen it.
The first time he had a good lawyer, she did the best she could for him, but she didn't pull any punches. She didn't lie to him and give him false hope. She was very honest, matter of fact, and professional. He had been "collecting" for 15 plus years. When our home was raided, he admitted everything,( that was his third mistake). When his lawyer started talking about prison, he told her that her job was to keep him out of prison. She told him flat out that there was no way he was getting out of this without serving "some time", the only question was going to be how much.
I agree, right now my energy will be better spent elsewhere, I will try to do something about the idiot later.
Thing is, I shouldn't even have to do anything, the judge should look at the motions this guy has filed and realize there is a problem. But it's the "good old boy" network.
this life totally sucks!
i have thought and thought about your statement that Kelly's PD was worthless, threw her to the wolves and allowed the prosecutor to do as she pleased.
you are so right. i know that court can be cold and unfeeling but never have i been a witness to such an example of callousness and a total lack of feeling.
everything was already done., totally cut and dried, over and done. completely decided with before she ever walked in the door.
it was one of the simplest things that totally tore me apart. they allowed her to turn around and talk to her brother and i before the judge came in. there she sat looking so miserable, her face messed up because of the Bells Palsy and crying. i asked the one FBI agent if i could give her a paper towel? he said no, that it wasn't allowed that someone would give her a tissue. there were a number of tissue boxes sitting around. in fact there was one sitting right on the table in front of her PD. she couldn't reach them because of her shackles and he couldn't be bothered to hand her one.
i try real hard to not think of that day, but the memory of that one small lack of humanity, and the look on her face is something that i will take to my grave.