Arrest, Search, Seizure, Warrant Son being charged for a crime he did not comit!

[yvonne122371]

Hello, my son and I are new to the GA area. We moved here b/c he is attending his first yr of college at the Art Institute of Atlanta. On January 19th they said that a young man was robbed at gunpoint near the student housing (which is also a place where anyone can move into).. While my son and I were going to return his FA papers to school on March 23, the police came in and placed him under arrest for the crime. They had a picture of his school ID and said the person said it was him. Now, my son has NO criminal history and just moved here. he is placed in Fulton County jail w/ NO BOND! Today was his court date and when I get there they tell me that he has been indicted on the charges. The lawyer was basically telling me that the person said it was him so that is all that the jury needs. Now, the students at the campus where my son goes has already told me..we know that is not your son that did this. My sons character wouldnt let him do this and I take care of him so he doesnt have to steal. The students gave me notices that the school has sent to all the students stating the incident that are going on around the dorms ( a very unsafe place)..One letter was stating an incident that happened on Jan 21 b/t 11 and 12midnight! They say my son incident happened on Jan 19th at 7:30 PM.. at a time when the shuttle bus is letting hundreds of students OFF!!! Also, they NEVER sent the students a notification of the incident that my son was supposed to have been a part of but they keep sending reports of other incidents around the housing. They just sent 2 more...1 of a shooting and 1 of a young man getting shot yesterday and he and the young man that did the shooting are NOT students at the school...
My son then tells me that one day the security guard at the school took his ID and made a copy. My son asked him what was he doing and he said hes doing nothing. Then they asked my son "You didnt do anything right?" and my son said "NO" but I still want to know why you took my ID!...that is the picture that they used. Said the young man said.."Yes, he had on a black leather jacket"..Do you know how may young bl;ack men go to that school or are in that area and has BLACK LEATHER JACKETS!!! So now, I must wait..the lawyers arent telling me ANYTHING and bascially its my sons word against this young man..but like my son said.. 'Mom, they have the wrong guy" Now, he has been put out of school b/c of this..he is in jail still and I dont know what to do! He said that the police are trying to get him to say he did it! The police are asking me does he have a gun! (they dont have the so called weapon) they never asked the students ANYTHING and im wondering why did it take them 2 months to arrest him and why have they NEVER questined him or the students and why didnt the school notify the area of the robbery but they notify thenm of everything else!!! HELP ..please , this is my son life and I dont want him to have to spend time in jail for yrs and then later on they find out that it wasnt him!!

 

[army judge]

I understand and empathize with your situation.
However, you must remain calm to help your son.
Do not speak with him about this case as long as he is in jail.
Do not talk to him on the telephone (when he calls from jail) about this case.



Everything that is said or done, from in, or around the jail; is recorded.


He should be told only to discuss his case with his lawyer.

Those conversations are not recorded.
Those conversations are protected and privileged.

He will want to talk.
For his sake, do not allow him to speak about this until he is home again.

I know you want to help.

But, you can only hurt him and his chances by discussing this with anyone, but his attorney.

What can you do?

You say you take care of his needs.

Speak to a bail bondsman.

See if you can help him get bailed out of jail.

Speak with his lawyer and ask the lawyer to seek a bail reduction for your son.

Other than that, please do nothing other than pray and wait!!!!

 

[yvonne122371]

Thank You sooooooooooo much!!! Since this is our first time EVER dealing with this, Im stuck for a loop! When he calls me all he says is 'Mom, im supposed to be enjoying my spring break".. "Mom, why is this happpening to me?".."Mom, you KNOW I didnt do it!!"..he just sounds so helpless!! He just called ans was on the verge of crying....saing "Mom, they are going to kick me out of school! I want my name cleared!! I didnt kdo this!" His lawyer NEVER got in contact with him or me...(my son just turned 18) and come to find out today, they just gave the case to another lawyer!! I just want him home!!! This is so unfair, but I pray. my son says he is ok, but he wants to get on with his life b/c he is INNOCENT!!
Thank you a million!!

 

[yvonne122371]

Oh, another thing...b/c this is a FELONY charge..even tho he has NEVER been in trouble and they have NO EVIDENCE..he has NO BAIL!!

 

[army judge]

Oh, another thing...b/c this is a FELONY charge..even tho he has NEVER been in trouble and they have NO EVIDENCE..he has NO BAIL!!

That is why I suggested you speak with his lawyer, and ask the lawyer to request a bail reduction hearing. He is entitled to one.



Just don't discuss his case. Tell him that he should only speak to his lawyer and no one else, especially other inmates. They'll snitch him out.

You could also start looking for a lawyer. You could hire one for him, if you don't trust the public defender.

 

[mightymoose]

It sounds like your son was arrested on a warrant- and in order to get that warrant police would have had to produce sufficient evidence to convince a judge that your son was involved and should be held.
It is very possible you do not have all the information, especially if all you know is what your son has told you.

Eventually, the truth is to be sorted out by a jury, and there will have to be more than a photo identification to get a guilty verdict.

The best advice is given above- clam up. Don't discuss this with your son, and tell him to speak only to his attorney. If he has been in custody a couple weeks it is unlikely police are still trying to talk to him. Parts of the story here don't add up. If he hasn't done so, he needs to demand a lawyer when they come asking questions and say nothing else.