I have a 17 year old son who stole a cell phone from an 11 year old. The police report states: minor (my son) stated (to victim 1), "hey looks like you have a cool phone." He also threatened, "you better give it to me before I start swinging." The victim (1) was afraid and for his safety so he gave minor (my son) the phone as requested.
When victim's (1) friend returned from the water fountain, minor (my son) grabbed his skateboard. Minor (my sons) friend jumped on the victim's (2 ) bike and rode off. Victim (2) chased him, but he stopped the bike and pulled a knife on victim (2) stating, "back the F%^& up before I cut you." Victim (2) backed away and called 9-1-1. The minor was located (my son) and identified by the victims. He was arrested and transported to the station for booking. – end of report
My question/Concern: is that during our last hearing the cell phone charge was dismissed but he was charged for stealing the bike with a knife! I am appalled by this, why would my son need to take blame on a higher charge? The attorney's argument is that this was the only way to keep him out of jail. This is unacceptable to us. This charge is a felony on my son's record.
A bit of feedback to hopefully provide a better understanding as I imagine the history may or may not play a role in this::
On 2/2/09 – My son was arrested on an assault charge
He was detained in juvenile hall for 18 days
It was suggested he be placed in placement; instead he was under house arrest
A few weeks prior to his arrest my son displayed am extreme change in character; we learned that he was smoking pot. We enrolled him in an intensive, 6 day a week, out patient program. After approximately 40 days he is terminated from the out patient program and referred over inpatient (he had been released from house arrest a few days prior to this and is placed under probation).
During the search for his in-patient facility, he is arrested for the cell phone robbery (211PC) & juvenile offense (602WIC).
My son entered a voluntary in-patient program where he completed the program at 74 days. During this time he is on probation.
On the time he completed the inpatient program; he began an out patient program for support and started to see a psychologist. 2 weeks prior to the hearing for the robbery of the cell phone, my son confessed using ecstasy and meth. He further admits that he felt ashamed to tell anyone and this had been his actual reason for entering the inpatient program as he felt completely out of control. His psychologist was recommending antidepressants and a referral to a psychiatrist. My son had stated feeling depressed, sad and without hope. These may all be attributed to the drugs and or other unidentified underlying issues.
We (parents) noticed his extreme depressions shortly after he was placed under house arrest along with anxiety. He made numerous attempts to reach the 2 probation officers on his case to explain to them his state of mind. We wanted to work with the probation officers as the more we found out about his drug of choice, meth, his feedback and what we were experiencing at home – We knew he needed help and we wanted to come up with an alternate plan, besides house arrest for him. Unfortunately, during the 10 days of trying we never received a call back from his original probation officer and the house arrest probation officer did not return our calls but one where she stated that she was busy and there was nothing she could do unless she caught him in the act of committing a crime??? The next conversation I had with her was after my son had cut the ankle bracelet off. When she called she said to me, "I have only have 1 question for you, do you know where he is?" I replied, "No". I attempted to explain the situation and questioned her as to why she had not retuned my calls; she interrupted me and informed me that it was her day off and that she did not get paid enough to be working on her off days. I simply – quickly – let her know that he had confessed to using ecstasy and meth; he'd been suicidal in the past and had been diagnosed with depression -- this were (and continue to be) our concerns. She stated that she was was to do the paperwork and she would file a warrant for his arrest on Monday (10-19-09). Unfortunately, his case has not been heard in court as of jet therefore, no warrant is in place for him.
On the last hearing where he was charged for stealing the bike at knife point, he was placed on house arrest. Unfortunately, he was not able to control his addiction and classmates were coming to our home and facilitating the drugs. He broke off his ankle bracelet on 10-16-09 and has been missing ever since.
My current main concern is his well being. We understand that the cops have stopped him but have been unable to detain him as the warrant for his arrest has not jet been heard in court.
I've contacted the attorney on the case and questioned the reason as to why 1) we had not been informed on what was transpiring during his hearing and 2) why my son had to take fault on a crime he did not do.
His reply; 1) it is client confidentiality – my son had clearly replied, to his (in our presence) question, "May I speak in front of your parents?", "YES"
2) This was the deal he made with the DA in order to keep him out of jail. We hired him to work on the cell phone charge from becoming a felony on my son's record NOT to keep him out of jail. Our son, as well us we, have been under the understanding that jail may be a way of paying his dues for the robbery. The main concern was to prevent the charge from becoming a felony.
As you can understand not only are we confused but also frustrated. We don't blame anyone but our son's poor choice for what has taken place but would like for someone to shed light on this. Was it fair that my son take blame for a bigger crime that he did not commit? What are my son's rights, our rights (as parents) and whom or what can we do at this point with the legal issue?
Your feedback is appreciated.
Concern parents
When victim's (1) friend returned from the water fountain, minor (my son) grabbed his skateboard. Minor (my sons) friend jumped on the victim's (2 ) bike and rode off. Victim (2) chased him, but he stopped the bike and pulled a knife on victim (2) stating, "back the F%^& up before I cut you." Victim (2) backed away and called 9-1-1. The minor was located (my son) and identified by the victims. He was arrested and transported to the station for booking. – end of report
My question/Concern: is that during our last hearing the cell phone charge was dismissed but he was charged for stealing the bike with a knife! I am appalled by this, why would my son need to take blame on a higher charge? The attorney's argument is that this was the only way to keep him out of jail. This is unacceptable to us. This charge is a felony on my son's record.
A bit of feedback to hopefully provide a better understanding as I imagine the history may or may not play a role in this::
On 2/2/09 – My son was arrested on an assault charge
He was detained in juvenile hall for 18 days
It was suggested he be placed in placement; instead he was under house arrest
A few weeks prior to his arrest my son displayed am extreme change in character; we learned that he was smoking pot. We enrolled him in an intensive, 6 day a week, out patient program. After approximately 40 days he is terminated from the out patient program and referred over inpatient (he had been released from house arrest a few days prior to this and is placed under probation).
During the search for his in-patient facility, he is arrested for the cell phone robbery (211PC) & juvenile offense (602WIC).
My son entered a voluntary in-patient program where he completed the program at 74 days. During this time he is on probation.
On the time he completed the inpatient program; he began an out patient program for support and started to see a psychologist. 2 weeks prior to the hearing for the robbery of the cell phone, my son confessed using ecstasy and meth. He further admits that he felt ashamed to tell anyone and this had been his actual reason for entering the inpatient program as he felt completely out of control. His psychologist was recommending antidepressants and a referral to a psychiatrist. My son had stated feeling depressed, sad and without hope. These may all be attributed to the drugs and or other unidentified underlying issues.
We (parents) noticed his extreme depressions shortly after he was placed under house arrest along with anxiety. He made numerous attempts to reach the 2 probation officers on his case to explain to them his state of mind. We wanted to work with the probation officers as the more we found out about his drug of choice, meth, his feedback and what we were experiencing at home – We knew he needed help and we wanted to come up with an alternate plan, besides house arrest for him. Unfortunately, during the 10 days of trying we never received a call back from his original probation officer and the house arrest probation officer did not return our calls but one where she stated that she was busy and there was nothing she could do unless she caught him in the act of committing a crime??? The next conversation I had with her was after my son had cut the ankle bracelet off. When she called she said to me, "I have only have 1 question for you, do you know where he is?" I replied, "No". I attempted to explain the situation and questioned her as to why she had not retuned my calls; she interrupted me and informed me that it was her day off and that she did not get paid enough to be working on her off days. I simply – quickly – let her know that he had confessed to using ecstasy and meth; he'd been suicidal in the past and had been diagnosed with depression -- this were (and continue to be) our concerns. She stated that she was was to do the paperwork and she would file a warrant for his arrest on Monday (10-19-09). Unfortunately, his case has not been heard in court as of jet therefore, no warrant is in place for him.
On the last hearing where he was charged for stealing the bike at knife point, he was placed on house arrest. Unfortunately, he was not able to control his addiction and classmates were coming to our home and facilitating the drugs. He broke off his ankle bracelet on 10-16-09 and has been missing ever since.
My current main concern is his well being. We understand that the cops have stopped him but have been unable to detain him as the warrant for his arrest has not jet been heard in court.
I've contacted the attorney on the case and questioned the reason as to why 1) we had not been informed on what was transpiring during his hearing and 2) why my son had to take fault on a crime he did not do.
His reply; 1) it is client confidentiality – my son had clearly replied, to his (in our presence) question, "May I speak in front of your parents?", "YES"
2) This was the deal he made with the DA in order to keep him out of jail. We hired him to work on the cell phone charge from becoming a felony on my son's record NOT to keep him out of jail. Our son, as well us we, have been under the understanding that jail may be a way of paying his dues for the robbery. The main concern was to prevent the charge from becoming a felony.
As you can understand not only are we confused but also frustrated. We don't blame anyone but our son's poor choice for what has taken place but would like for someone to shed light on this. Was it fair that my son take blame for a bigger crime that he did not commit? What are my son's rights, our rights (as parents) and whom or what can we do at this point with the legal issue?
Your feedback is appreciated.
Concern parents