Shoplifting, Larceny, Robbery, Theft Where Do I Go From Here?

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JosephineC

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TO WHOM THIS MAY CONCERN:

This is regarding my son, in which his case is pending. He originally is being charged with a misdemeanor. I hired a lawyer that I had worked for in the past. I began working for this lawyer when I was nineteen years old. At the beginning of the case my son was offered six months. My son with no sense of reality is epileptic. He ignorantly turns the six months down and pleads not guilty to a petty theft and requests trial. In my experience and knowledge of most criminal cases, all I know is here in Stockton, never ask for trial. The odds of winning a trial is rare. Although, I should have learned criminal law. Unfortunately, I didn't. I am only knowledgeable of family law cases, personal injury, and social security. I didn't hire Mr. Williams, the attorney aforementioned herein, until my son told me what he was offered and turned down. Obviously, he's ignorant. I definitely do not feel that if my son has committed a crime that he not be punished. So far, he's been punished enough. The court and his public defender at the time, stated that he could not take the six months when I advised him not to go to trial. They stated that deal was off and he was looking at two years in the state prison. This is when I hired Mr. Williams. At the time of our first meeting with Mr. Williams, I stated to Mr. Williams, "You know my son's background and have represented him in his last case, so why can't he still take the six months?". Mr. Williams, answered, "According to the law and the Clerk Minutes (Clerks Minutes of each court date prior to our meeting; that I handed to him during our conversation), I feel six months or less in the San Joaquin County Men's Jail is adequate, being it is his first petty theft.". Mr. Williams, accepted this case and at that time was also retained in cash. I admit he did not charge me much. He wrote my son's next court date down in his calendar, which he had another attorney stand in for him and continue it. Each court date has been so close together since then that I haven't even had any chance to understand, why? One or two court dates later, in which, Mr. Williams showed up himself. The Judge stated, "I feel the defendant should be sentenced to state prison for a maximum of two years.". A pre-sentencing probation report was done. The recommendation from the probation office states,"RECOMMENDATION: PROBATION". After reviewing the probation report, the Judge placed my son in Duel Vocational Institution, for a "ninety day diagnostic evaluation". He was having grandmal seizures, placed on the third tier at DVI (Duel Vocational Institution) and on several occasions not receiving his seizure medication (medical records and letters were faxed to DVI and Dr. Chapnick, of DVI) for two days straight each time. Twenty seven days later, April 17, 2003, he was sent back to the San Joaquin County Men's Jail. He arrived there in booking at approximately 7:00 A.M., and at approximately 11:30 A.M. while in booking had a seizure and was taken to the San Joaquin County General Hospital Emergency Room. The jail did not give me any information, neither would the hospital. Since Mr. Williams has been unable to work with me in this case or in this case period. I wanted to know if my son was at least, okay. I called an attorney I worked for before (Mr. Zinn, who, unfortunately, does not know criminal law). He and I waited one hour for some type of information regarding my son's status. I kept calling the jail with no answers. Mr. Zinn drove me to the emergency. I waited in the waiting room because I was not allowed in the patient area or allowed to have any information regarding my son's status. Mr. Zinn was escorted to my son's room, after showing his I.D. and California State Bar Card. There were two sheriff deputies guarding my son's room. My son was somewhat unconscious, groggy, and unable to speak. He was receiving Dilantin intravenously. The deputies told Mr. Zinn that my son had no seizure medication in him at all. Also he had not been given any seizure medication for two whole days. Although, DVI had him on anti-depressants. My son had never been on anti-depressants in the past. Eventually, he was transferred back to the jail and back to booking, the time now being approximately 3:00 P.M. Whenever he has had to ask for his medication, he's been told by DVI and the jail to quit faking. Other inmates in both facilities have had to intervene and insist that he be given his medication.

He has went to court since being transferred back to the jail from DVI. On April 22, 2003, the Judge and Mr. Williams wants him evaluated at the San Joaquin County Men's Jail and also both the Judge and Mr. Williams are now recommending two years in CRC (California Rehabilitation Center). I don't even understand why CRC or state prison can even be a recommendation or considered in this type of case. My son charge is a petty theft, misdemeanor. He is on probation, and has been out of trouble for the last three years. He was initially placed on formal probation and two and a half years ago he was placed on informal probation. His next Court date is May 1, 2003, at which time the Judge for the fifth time states he will pronounce sentencing. These last five court dates have been called sentencing. Yet, each time it just seems to get worse. It is clear that Mr. Williams is not representing him in this case, although he was retained. I am aware of the fact that Mr. Williams is committing malpractice, but I do not want to go that way, nor do I want to file a malpractice suit. All I want is justice for my son. I want my son alive and home. When my father went to visit him at the jail immediately the first visit when he was placed back in the jail, he noticed cuts, scratches, and bruises, that were shapes of rings from his wrist to his elbows on both arms. These are somewhat still visible to this date. These are from DVI handcuffing and tying him up simultaneously while in a seizure. Now that he is at the jail, he is not in medical. He is in medical shelter. Where he is in a closed cell and left alone. He is supposedly checked on every forty-five minutes to an hour, but he should not be alone. Medical shelter is a regular cell. Medical housing is all windows, where at least staff can see him, without having to go to a cell door and peak through a window. At one time, while in the regular part of the jail, he had a seizure and his cell mate helped him. Not long after that seizure, names were called out for medication by the sheriff deputy on guard at that time. My son waited and his name was never called. He still waited and then the nurse started coming around passing medication out. He still received no medication. He pushed the intercom button in his cell to request his medication and that his name was not called. That same deputy went directly to my son's cell and said, "DON'T YOU EVER PUSH THIS BUTTON AGAIN, UNLESS YOU'RE BLEEDING TO DEATH!" YOU'LL GET YOUR MEDICINE WHEN YOU GET IT!". An hour later my son did get his medication.

Please help me or please tell me what can I do. I'm confused. I have lupus and sometimes can't think straight. I forgot that there was a Writ of Habeas Corpus filed in this case and an order was issued on March 25, 2003 from the U.S. District Court for an Order to Show Cause. Even though, the Judge and Mr. Williams are still continuing to practically overrule. My son's time should be served. My son does not and did not do drugs. Please help me.

Thank you, for your time and consideration. I'm sorry this is so long but I don't know how I could have explained it in short. If anyone has questions, please email me as soon as possible.

Respectfully,

Josephine C. Laniohan
 
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I've read much of what you wrote. It seems like there is a great deal going on here and we don't have both sides. If you really want to put some pressure on the system, write a brief letter that states all the relevant facts and make sure it is sent to the warden of the jail and the DA's office with attention to the prosecutor to ensure that the state is on notice of (1) your son's serious condition (2) the state's failure to attend to that condition on multiple occasions. You may also wish to include the doctor's diagnosis and prescription information. In this manner the state is on notice. Heaven forbid something should happen to your son, they would have been on notice.

I'm not sure of the other facts in this case. There is a lot going on here and I'm sure it would take more than a post to truly evaluate what is going on.
 
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