I don't know anything about your local area with this type of thing. I'll say this though, nearly nowhere in our country actually reflects what most people would consider a fair and legal court system. My reaction to your descriptions is setting off alarm bells also. I know that in my area, out-of-town, not from here, ran from the cops...equals a potential life-changing, if not life ending split moment decision. Rural can be that way. The multiple people here telling you to find a local connection to plea on your behalf sounds like very good advice. If bribes are how that happens there, then suck it up and participate. Afterward...move.

Explain in no uncertain terms that this is the one time that you're going to risk everything to bail him out of a very poor choice. Even if it isn't really, if I was in your shoes, I'd do everything in my power and influence to fix the situation. Don't compromise for lesser charges or some minimal jail time that will "teach him a lesson" in your mind. This isn't the year, this is no longer the country. Get him out, and do what you can to get him off the charges as much as you can.

JUST BE CAREFUL not to get seen or caught doing anything that will make it worse. My prayers are with you. I earnestly pray that he learns from this, and you truly never have to face this again.

quote:

Originally posted by darthfuster:
Thank you all for your advice and positive thoughts. We are hoping to ask an appropriate attorney a specific question. Mrs DF was told my son cannot meet with a public defender until the court date. That seems wrong to me. How can his representation be prepared? How can he be properly defended that way?

So it depends on the reason for the court date. A typical case in Washington follows this route: a preliminary hearing (where bail and conditions of release are set, this does not always happen and depends on the jurisdiction), arraignment (entering an initial plea, which (unless in some very specific and unusual circumstances) will be a plea of "not guilty", and then setting a number of other possible pre-trial and trial hearings much later down the line. The reason for that plea is that it protects all of his rights and can aways be changed later. And sometimes at arraignment the court discusses release/bail options and other conditions (no firearms, no drugs, other conditions) which if violated can result in going back into custody. Some dates, like an arraignment, it may be possible for a trained parrot to do, just saying "not guilty" and getting new court dates for the other types of hearings. So its not like a ton of prep is needed.

Trial always will be later done the line unless Tennessee is WILDLY different than any other jurisdiction I am familiar with.

An update. We found a local criminal defense attorney that will take the case. He is optimistic. I have fretted about this whole mess for days. As to the denied phone call, the details are that my son didn’t know any phone numbers. They are all on his phone which he was not allowed access to. So while a phone call was available, it was an impotent opportunity. Frustrating because when I was young there were only land lines and I had a few frequently dialed numbers memorized because I physically had to dial them. Now, I don’t even know my wife’s number.

Anyway, thank you so much all for your advice, perspectives and prayers etc.

One additional though ... if your son decides to plead guilty have some money set side for court cost, fine or other financial aspects. If prior to sentencing the lawyer tells the judge "upon sentencing the the defendant I will walk down to the court of clerk's office and pay the outstanding costs." In the criminal law field "money is a lubricant." The judge sees remorse and no need to spend gov't resources collection.

quote:

We found a local criminal defense attorney that will take the case. He is optimistic.

Sounds like good progress... Best wishes!

quote:

Originally posted by abnmacv:
One additional though ... if your son decides to plead guilty have some money set side for court cost, fine or other financial aspects. If prior to sentencing the lawyer tells the judge "upon sentencing the the defendant I will walk down to the court of clerk's office and pay the outstanding costs." In the criminal law field "money is a lubricant." The judge sees remorse and no need to spend gov't resources collection.

Yes we have been working on compensating for damages. We’ve contacted the owners of the property where the fence was destroyed and made an offer to cover repairs or repair it ourselves, whichever they prefer. Personally, I’d like to see my son do the work. I want this to be a real life changer. The city spent 600.00 plus labor on replacing the power pole he took out. So we’re waiting on that total. I’ll cover the immediate cost but he’ll work it off to the penny.

My sincere best wishes for you and your family. I can only imagine the sleepless nights you’ve been dealing with.
Please keep us updated.

I would not use a public defender.

I would spend a day or two on the phone finding an attorney who specializes in this kind of offense locally.

If not the offense, a well-connected local criminal attorney.

This is not going to be cheap, but it could be life changing without a good lawyer

darthfuster- I just wanted to let you know I'm glad that it looks like things are moving forward positively, and I hope they continue to do so.

I was the troubled son myself for some time.

When I read the member's upthread post thinking back to his older brother I thought- is my little brother on here without my ever knowing? But my father never intervened in the manner described so I knew it wasn't him, ha. I did put my parents through some hell though.

That was all a long time ago. I scraped close to the bottom for a while before working my way back up- with my parents' great help. I could not have done it without their support.

Sounds like you're doing it right: hire a lawyer, don't talk about the case at all, make restitution for everyone before any hearing, and make sure that your son's defense attorney (1) explains how serious this is, (2) gets him to stop doing whatever THC-related shenanigans he may find himself in, and (3) push for a deferred so that the charge goes away and doesn't leave him saddled with a felony. If he's not working, in education, or training.. get him there, even if it's just a few courses at the local community college.

quote:

Originally posted by Legal Beagle:
Sounds like you're doing it right: hire a lawyer, don't talk about the case at all, make restitution for everyone before any hearing, and make sure that your son's defense attorney (1) explains how serious this is, (2) gets him to stop doing whatever THC-related shenanigans he may find himself in, and (3) push for a deferred so that the charge goes away and doesn't leave him saddled with a felony. If he's not working, in education, or training.. get him there, even if it's just a few courses at the local community college.

The advice given to push for pre-trial or judicial diversion is the best possible advice. This can be a life saver for someone who doesn’t have a criminal history. Ask your attorney about options, get your son into education employment ASAP (looks good on pre-trial questionnaire) and be prepared financially for fines, restitution and the possibility to pay out probation time.

My life was literally saved by a pre-trial diversion program and a great local defense attorney.