Criminal Trials, Hearings Right to an atty in misdemeanor if states atty not seeking jail? right to defend son

Status
Not open for further replies.
D

DadDefendingSon

New Member
My son is 17 and has a court case for a misdemeanor (driving without a valid license). At his last hearing I talked to the asst. states atty and told her we declined her offer.... she said she would look at the file and have another hearing. After I hung up, she told my 17 year old son (me being his parent and only legal guardian)that 1. He was not entitled to an attorney because they were not seeking jail time,(I am disabled and we cannot afford to pay one), and 2. That I would not be allowed to counsel him or be involved in a trial or funtion as his counsel. I don't belive this is correct. Isn't it true that besides the fact hes a minor and me his parent that people have the right to have representation of thier choice? I realize the name "attorney" does not apply, but believe he has the right to choose me to function in that capacity? (basically what she wants to do is leave him a 17 year old minor facing her in court)
 
You cannot represent your minor child unless you are licensed to practice law in your state.

What you were told is correct; the State is not seeking jail time hence your son is not entitled to an appointed attorney.
 
Last edited:
Well how far can I go...... so if it goes to trial, i can't actually question witnesses....... but I am legally allowed to be with him during proceedings right? I will prepare his questioning prior to court, and put it on legal pads for him to ask, but will I be able to confer with him during the process? for example write down cross examination questions for him to ask while the states atty is doing her questioning, then giving him the questions at the table etc..... or as hes questioning, call him over to advise him? Or not defend him but act as an advisor?
 
You can sit on the bench behind him, most likely.

But no, you cannot confer with him nor can you act as his adviser.
 
I have to ask though - why are you taking this to trial? This is a teeny tiny offense in the grand scheme of things - all you're likely doing is increasing your son's chances of it ending badly, to be perfectly honest.
 
Because 1 he didn't do it. the police charged him with it based soley on a woman saying she saw him driving the car. the woman being a middle aged woman who until last year was attempting to lure him into a lurid relationship starting at 15 years of age. So they have nothing. This started when he was 16, and a snotty little "can't wash the bar tramp off with a cheap business suit" asst prosecutor tried to threaten him into pleading guilty or else, and would have done it if he hadn't have called me before entering the agreement. My son has never been charged with anything before, and at 17 graduated early and is now incollege full time. This would do nothing but go on his driving record as a suspension that took place prior to him even having a license, virtually eliminating his chance of affoding insurance and transportation to continue his college. I don't see why his life should be negatively affected by something he didn't do, by an over zealous asst S.A. whos manipulating his lack of ability to defend himself. I'm kind of curious...... how am I increasing his chances of it ending badly by not letting him get pushed around and forced to accept a plea that is derogatory to him for something he didn't do?
 
DadDefendingSon said:
Because 1 he didn't do it. the police charged him with it based soley on a woman saying she saw him driving the car. the woman being a middle aged woman who until last year was attempting to lure him into a lurid relationship starting at 15 years of age. So they have nothing. This started when he was 16, and a snotty little "can't wash the bar tramp off with a cheap business suit" asst prosecutor tried to threaten him into pleading guilty or else, and would have done it if he hadn't have called me before entering the agreement. My son has never been charged with anything before, and at 17 graduated early and is now incollege full time. This would do nothing but go on his driving record as a suspension that took place prior to him even having a license, virtually eliminating his chance of affoding insurance and transportation to continue his college. I don't see why his life should be negatively affected by something he didn't do, by an over zealous asst S.A. whos manipulating his lack of ability to defend himself. I'm kind of curious...... how am I increasing his chances of it ending badly by not letting him get pushed around and forced to accept a plea that is derogatory to him for something he didn't do?
Click to expand...


THIS is exactly why you're going to sink your son if you're not careful!!!!!!!

Either pay for an attorney, or do the sensible thing.

Because YOU will sink him.
 
Ummm..... okay, that made no sense. Me telling someone the full story online to which I asked advice from, in answer to your question, is going to sink him? Or you mean because hes innocent and being pushed around?
 
What was meant is that based on your response here it is clear that you will not make a good impression in court and will complicate things.
Though driving without a license is a misdemeanor, if it is your son's first offense it is likely prosecuted as an infraction and will be the equivalent of a speeding ticket.
Your son is likely going to traffic court, not a criminal trial. Don't stress over it. If he didn't do it then have him plea not guilty and let the prosecutor present the evidence, if any.
 
What she is saying is that by going through the entire trial process, if he is found guilty, they will likely penalize him to the fullest extent of the law.
 
just tell your son, what you would do if it was you in the same situation, then you are not giving legal advice (whatever that is?) its called free speech not legal advice, you son is free to consider or reject your personal opinion of what you would do if in his place.

if me, i might plead not quilty, without recourse, with prejudice. and it will probably by dismissed, after the states lawyer takes the oath without first hand knowledge of the facts (he was not there, and I dont accuse yourself)

i dont drive motor vehicle equipment on state property, but i do move my private property on the common easement by right to access my land.
 
Last edited:
at the trial by jury, i might ask the officer if a traffic citation is a valid cause of action and how many elements in a valid cause of action.

who (which man or woman) was damaged or injured and who's (man or woman's) legal rights were violated?
 
Last edited:
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top