Families of SOs Community Group
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The issues are that he has no idea when his next court date is, and when he went for his first court date, he found out they dropped 3 of the 4 charges, no idea why. Also when he did actually talk to his lawyer, he told my son that he was on vacation and that he was handed the case after the court date, then he said that since he was on vacation when my son had his court date he asked someone else to stand in for him. The same lawyer told me he had just gotten back from handling a case in Texas. I am beginning to think that if we cannot get someone else, my son is really screwed.
He finally talked to his lawyer today. He said he's been out of town on another federal case, he just got some info about his case, but he hasn't looked it all over yet. Then he told my son that he will come see him either Thursday or sometime early next week and that they will go over everything so my son can tell him what he needs to read and what he can just ignore??? He also told him that his secretary doesn't accept the calls from inmates when he is not in the office because she has nothing to tell them and that the calls are recorded by the facility (they get the same recorded message that everyone else gets about the call being from a correction facility and subject to being monitored and recorded).
frogpond1, Thanks for the explanation. In that case it was definitely not a PAC. We have no idea what evidence they have, or why they dropped 3 out of 4 charges.
So, we will see.
I did ask the lawyer here if in her personal opinion, my son should request a new lawyer, but she said "it's too early to tell", and "not yet"
Now even if the sequence of events on the timeline shows that your son could be held liable for the Montana charge all is not lost because that's where double jeopardy may come into play. Double jeopardy issues can get complicated but the short version is a person generally can't be charged multiple times for the same conduct. If the attorney can show all the events occurred within the same criminal episode then there's a good chance the Montana charge has to be dismissed because your son has already been convicted for that criminal conduct.
The attorney asking for the same paperwork from multiple sources also sounds like a pretty sharp idea to me. There's absolutely no guarantee any one source has a complete copy of everything and the devil is in the details. I can think of 4 or 5 cases including my own where different people had slightly different copies of what was supposed to be identical paperwork. There are even some cases where the paperwork was radically different! In one the investigator sent paperwork to a judge claiming she had made a controlled phone call with the defendant and even submitted a recording to establish probable cause. By the time the investigator submitted the case paperwork to the prosecutor all mention of the recording had disappeared. The prosecutor sent that report to the defense attorney as part of discovery. The only person involved in the case that still had a copy of the paperwork about the recorded phone call was the defendant because he had been given a copy at his first appearance hearing. The investigator lied to establish probable cause. There never was a phone call between her and the defendant but the only way that came to light was by comparing the paperwork from different sources.