Families of SOs Community Group
WE HAVE MOVED!!! ............................. ............................... ......................... ............................ ............................. .......................... HERE: http://support-for-families.boards.net ............. ................ ............... ................ ............................... .................Please create a profile...
This summer, my 28-year-old son was chatting in an adult chat room. One of the people there -- with whom he'd had only one chat, and that one completely nonsexual -- invited him to move to a chat app on his phone and talk with her. The app was rated 17+, but once there she said that she was 14. Of course, my son didn't believer her, especially as she talked like an adult and responded to his questions with remarks like "I'm not affiliated with the police." Over a period of weeks, they chatted, and as so many have seen, talking about normal things he liked (games, movies, etc) resulted in lots of "you're boring me" and short conversations. But gradually the conversation was steered toward more and more sexual topics, which always got lots of "tell me more," smiley faces, and encouragement. At first my son suspected it was someone in the class he is taking, since some things he said in class popped up in the conversation. Gradually he became convinced it wasn't someone just engaging in a fantasy, but someone out to get him. He said repeatedly things like "I don't want to do anything wrong" and "it would be wrong to even touch you." And he put the app away, even deleted it. But she contacted him again, restarted the conversation, and he joined in again. He resisted several invitations to get together, saying "you could be anyone." Finally, he agreed to meet at a public spot -- a quick trip.He had been told to bring condoms and wine cooler. He didn't. He expected someone to extort him, demanding money to not tell his fiance about what he had said. He went in, bought a Snapple, approached no one, and got back in his car to leave. Naturally at that point the police stopped him. It was two days before we even knew where he was, since they took his phone and no one would tell him how to make a call. They took his glasses, leaving him essentially blind. He had no attorney, and was in such shock he kept saying "just shoot me, I wish you would shoot me" over and over. He signed everything they put in front of him -- including a three page statement (which we haven't seen) and turning over his phone and computer. We finally got him out and hired a good attorney, but we worry that -- with the way these laws are written -- even Perry Mason couldn't get him off. He's in complete shock, and so are we.
My son is involved in emergency medicine. He's working hard to save people. He's a good student, a good worker, a good son, a good person. He's never had so much as a traffic ticket before. Doesn't drink. Never took drugs. He's engaged, and his fiance is sticking with him.
We're just at the start of this long, awful journey. And in Missouri, the MINIMUM sentence is 5 years with no possibility of parole. Should we have any hope?
My son is involved in emergency medicine. He's working hard to save people. He's a good student, a good worker, a good son, a good person. He's never had so much as a traffic ticket before. Doesn't drink. Never took drugs. He's engaged, and his fiance is sticking with him.
We're just at the start of this long, awful journey. And in Missouri, the MINIMUM sentence is 5 years with no possibility of parole. Should we have any hope?
HB
Although as we all here know all to well logic goes out the window when it comes to any of the 'sex crimes' of this country.
On the night he agreed to the meeting, there was some sex talk, but his last statement was that he was going just to talk and didn't want to do anything, and the reply (from the police) was that they were exited to meet "as a friend."
It should matter... but God knows if it does.
You need to get an attorney and possibly do your own forensics. They'll do forensics on the computer and smart phone and bulk it up to look really bad. You need to have your own point of view, the truth.
Who knows if the police are accurately reporting everything. How would we even know if they left out things that hurt their case or edited the text to make it look worse? They app -they told him- to use (kik) has also been locked.
I've lost 15 lbs in two weeks. Constant terror is a helluva diet.
I feel for you... it is a whirlwind of a nightmare... I hope it doesn't turn out as bad as it could.
And then the guards read his charges aloud to the other prisoners, and kept him chained to a bench while the others filled socks with urine and threw them at him. And the guards laughed. Just two days absolutely shattered him.
You have some things working in his favor:
1) The attorney may be able to get some of the statements he made thrown out because his attorney was not present. (Again which is why you never say anything to the police, EXCEPT I want to speak to my lawyer)
2) He didn't purchase any of the items that he was supposed to buy in furtherance of the crime he was supposedly committing. So he can claim he really was going there as just friends, and he didn't have any sex on his mind. It is good that he has that statement on the record, that he was going there as just friends, and that he didn't purchase condoms or wine cooler. The not buying condoms points to there being no mens rea, and what act did he commit? Talking to someone under the age of majority is not a crime, even talking about sexual matters is not a crime. They have to prove that he intended to entice the "minor" into sex.
This is an extremely close case, because while he did not purchase those items, he still went and he still had sexual conversations with someone who purported to be a minor, even though he had his doubts. This will be a judgment call the jury will have to make, if it goes to trial.
With all that said, I think his chances of winning are better than most other cases we hear on here.
There is hope,
-Independent
I hear this same thing over and over, the brainwashing of Officer Friendly biting everyone in the ass. It did the same thing to my husband. I was raised to question everything, cops are people too and they do not work for you and I but for the state. That the Officer Friendly propaganda campaign in the 50s was to give them police a better reputation after all the civil unrest that was going on in the south and how cases were handled depending on the color of the victim and perpetrator.
Apparently the law enforcement industry thought it was working so well why stop telling people they were here to help you... Help you right to jail. My own uncle, a now retired police officer in the Chicago area, told me never to trust the police. They are not here to protect you, but to enforce ordinances that their BOSSES put forth on us. Granted we elect those bosses, but we know 'honest' those politicians are and how honorable they tend to be when it comes to power and money.
It is the first thing I try to impress on everyone I talk to... even though caught up in the laws, because their attitudes are learned behavior and old habits die hard, best to keep reminding them. Even I who has been told over and over by my family never to trust the police, because of the propaganda campaign they have done over the last 50+ years affects us all.
First thing, get your son to allow you to help him. This is HIS case and HIS life, no matter how much you love him, he holds the power to allow you access to the information about his case. Be prepared to be a bit shocked by the conversations that you might read about if you get your hands on all the discovery. After you get the permission from your son, meet with the attorney either with him or without him. Find out what he is facing, the good the bad the ugly, the best case scenario, ALL that you can... Read the laws that your son is being convicted of, it will be in the discovery and on the complaint that is filed with the court. All other police reports are considered evidence, but the things that matter are officially filed documents with the court.
Now, take a deep breath, this will be a long road and while your head is swimming and everything seems to be coming all at once, you have a little bit of time to get educated. Remember, the attorney works for your son, his job is to be your tour guide through the legal system and answer any and all your questions to the best of their ability and honestly. Avoid asking questions such as 'if it were you, what would you do?' they will never answer it, at least not the way you would hope. They are required to remain neutral to some respect to ensure that the defendant is making their own decisions of their own free will and with the knowledge and wisdom that was taught to them by their attorney. Essentially if the attorney does their job appropriately, you shouldn't have to ask them what they would do, you'll already have a fairly good idea.
Much of what an attorney can do will be based off of what he did that first 48 hours after his arrest. It sounds like he signed a bunch of things that he should have firmly said instead "I would like to speak to my attorney before answering or signing anything." You don't even have to know the name of one to say that and they HAVE TO RESPECT IT. If they do not, it is a habeus corpus case and all sorts of headache for them. I am hoping that he didn't sign anything to terrible so far such as some kind of confession no matter how minor... such as he engaged in a conversation with someone under the age of 18 knowingly and talked about sex. Things like that make it impossible to take it to trial.
I don't think it is a violation of habeus corpus but of his miranda rights if he asks for a lawyer and the police continue to question him. There are some things that can invalidate his asking for an attorney, such as voluntarily answering questions, but the police cannot start the process. It gets really complicated, go read about the landmark case Arizona v Miranda and all the cases after that if you want to know more.
Just don't ever talk to the police, they are not on your side. Like Rew always says the police are interested in 3 things, victims, witnesses, and perps. If you aren't a victim, get an attorney to be safe!
And never say a blasted word, use your right to shut up. Or any question they ask you, simply respond, I would like to talk to my attorney.
Police: Where were you the night of...
You: I would like to talk to my attorney before we proceed further
Police: But only guilty people need an attorney
You: I would like to talk to my attorney before we proceed further
Police: So you are guilty?
You: I would like to talk to my attorney before we proceed further
BROKEN RECORD, it is your only chance of being interrogated by the police and surviving.