Legal Question in Criminal Law in California

My son is 33 years old and looking at prison for the 3rd time. He is physically and mentally disabled. I understand that his attorney does not have to talk to me, however since my son is incarcerated he cannot just call the attorney to find out any information about his case. My son signed a release of information at the jail to allow me to talk to any of the nurses or doctors concerning his condition. My question is about his attorney talking to him. Does the attorney have to go to the jail and have a private conversation with my son prior to the court date? My son needs to request a mental health hearing among other things but he hasn't yet even spoken to the attorney. His civil rights have been violated at the jail several times and I am the one who has to call about it. Now the guards are harassing him about "calling his mommy". He has no bowel or bladder control and when he messes his pants he has been made to rinse out the soiled clothes, sponge himself off and put the wet clothes back on. This is only one example. He has severe mental problems and the last time he saw a psychiatrist the doctor told him it was all from meth withdrawel. He has had mental problems since the age of 3 when he witnessed his father trying to kill me. How can I help my son to receive the help he needs to be treated fairly in court?


Asked on 8/27/14, 8:49 am

2 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

Your son can give his lawyer authority to speak with you and answer all your questions. The lawyer doesn't have to visit him in jail. But it sounds like your son has a public defender, and they rarely have the time to really do a great job. Your son needs an experienced attorney, if he is to get the best possible resolution. I'm sorry to tell you, but PD's are cheap but not good. If you have further questions, call a lawyer who knows how to fight the DA's office. I wish you well....... David Wallin

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Answered on 8/27/14, 9:29 am
Terry A. Nelson Nelson & Lawless

How can I help...

YOU can't. His attorney can and should.

Provide the attorney credible doctors statements and reports so he can.

Sounds like he has a Public Defender, who has dozens of cases on calendar each day and no time for personal 'hand holding' of clients. That is what you will get when you hire private counsel, if you can afford to do so. The best you can do otherwise is mail his doctor's reports and evaluations to the judge in a package with an explanatory cover letter, brief, also showing a copy sent to the DA and his PD, as required.

Unfortunately, no one said the system is 'fair'. You're lucky if you get 'justice' after paying for it through counsel.

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Answered on 8/27/14, 4:12 pm


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