Legal Question in Criminal Law in California

My 15 yr. old son was initially arrested for 664/187 pc & 186.22 pc [Gang Enhancement] but DA dropped the Attempted Murder charge down to 245 (a) (2) pc at his first court date. HE IS ALSO BEING CHARGED AS AN ADULT! My son DID NOT commit this crime! He's been incarcerated at Juvenile Hall for over 3 months already in the Maximum Securtiy Unit. The Co-Defendant who has been ID'd by the Victim as the "Shooter" is also in custody @ Juvenile Hall. My son's father & I hired an attorney to represent my son & paid him $5,000 to DEFEND my son. We are basically in the dark about this whole case w/ my son bcuz he DSNT REALLY EVR TALK TO US! Whn we ask what's going on, he was at first saying tht my son's name wasn't in any of the discovery he had gotten frm DA - it was all on the Co-Defendant. With tht said, I couldn't undrstand why my son was still in custody if his name wsnt in discovery...? Then he got more discovery which by the way hasnt been provided to my son evn tho he's requested it several times alrdy & there is a Confidential Informant who isn't NAMED but in so many words it's saying tht it's one of 2 "Friends" of my son's who were detained, interrogated & released. One of thm being named "The Shooter" by witnesses tht were at the scene of the crime & gave statements. The discovery tht I hve read so far, did not contain my son's name at all. This is why i think tht this C.I. is who named my son & placed him at the scene of the crime. Whn we askd Attorney what was going on w/ my son & what he felt he was looking at in terms of jail sentence, he would tell us tht they didn't really hve anything on my son & tht the DA wasnt saying anything on the 245 charge it was the Gang Charge he was pushing. He said they were really only trying to prove my son is a Gang Member which he planned on fighting & tht the other charge would eventually be dismissed. I repeatedly stressed to my son's father tht I DIDN'T WANT MY SON'S CASE TO BE CONSOLIDATED & PUT W/ HIS CO-DEFENDANT'S DUE TO THE FACT THT THE CO-DEF IS A DOCUMENTED CRIMINAL STREET GANG MEMBER & MY SON IS NOT & I WANTED HIM TO HAVE A FAIR CHANCE AND NOT BE STEREOTYPED AS A HOODLUM!! At last court date, whn asked by Judge if he objected to consolidation of the cases, my son's attorney said "No!" Consequently, cases were consolidated and I chckd the case index online and MY SON NOW HAS ALL THE SAME CHARGES AS HIS CO-DEF!!! HIS CHARGES ARE NOW: 664/187 PC; 245 (A) (2) PC; 245 (A) (4) PC [2 COUNTS] 186.22 PC [GANG ENHANCEMENT!! This makes absolutely no sense to me at all!! How could he agree to something tht would only WORSEN THINGS FOR MY SON!!! I went to his office ystrday to talk to him about all of this and his secretary told me tht he was w/ another client but if i didnt mind waiting he'd see me when he was done. There was also another client in waiting room which he came to get and he saw me sitting there. About 30 secs later, his secretary comes up to me and says that he's guna be awhile and he has a couple other appts so he'd be tied up for some time so if she could jst get my number and hve him call me back. But prior to him seeing tht it was ME waitiing to see him, he would see me after he was done w/ the other client! In my opinion, any GOOD lawyer is guna see U & answer any questions u may hve NO MATTER WHAT!!! I feel this was VERY UNPROFESSIONAL OF HIM & JST SHOWS HIS GUILT FOR SCREWING OVER MY SON EVN MORE!!! CUZ HE COULDN'T EVN FACE ME TO TALK TO ME!!! Anyhow, I guess my question to U is, Is this normal procedure for a case like this and shouldn't the attorney have known tht my son would get all these charges added on to him if cases were put together? I'm having very bad vibes about this attorney and am starting to think tht he's using my son to work some kinda deal w/ DA to beat another case he's doing...? I jst can't see the logic in his actions...he's supposed to defend and protect my son not throw him as bait to the People and get 3 more felony charges added on to him! Am I not right? Or am I jumping the gun and just over reacting? I can't help but feel this way tho...MY BABY'S LIFE IS AT STAKE HERE AND IT'S BAD ENOUGH THT HE'S ALRDY BEEN LOCKED UP FOR 3 MONTHS FOR SOMETHING HE DIDN'T EVN DO & I'M REALLY WORRIED HOW HE'S GUNA HANDLE ALL THIS BAD NEWS WHN WE HVE TO BREAK IT TO HIM! I JST FEEL VERY BETRAYED BY THE ATTORNEY WE PAID $5,000 TO DEFEND OUR SON!! PLZ GET BCK TO ME ASAP CUZ IF MY GUT FEELINGS ARE RIGHT, I NEED TO FIRE THIS JERK AND SEE ABOUT GETTING SOMEONE ELSE TO REPRESENT AND DEFEND MY SON ASAP!!! W/ ALL THESE CHARGES NOW, HE REALLY DSN'T STAND A CHNCE ON GETTING BAILED AT ALL CUZ THE $150,000 BAIL WAS HARD ENOUGHT TRYING TO GET DONE AND I CAN ONLY IMAGINE WHAT IT'S GUNA BE NOW!! PLZ HELP ME I'M SO LOST AND CONFUSED AND FEEL SO BAD FOR MY SON WHO IS THE REALLY THE ONE GETTING SCREWED OVER IN ALL OF THIS!


Asked on 8/16/12, 8:03 am

2 Answers from Attorneys

Andrew Roberts Roberts Law Group

You need to consult with another attorney.

Read more
Answered on 8/16/12, 8:20 am
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

or two or three (in person, in your geographic area.) That is really the only advice any one else can give. Good luck with your son's case!

Read more
Answered on 8/16/12, 11:45 pm


Related Questions & Answers

More Criminal Law questions and answers in California