Legal Question in Criminal Law in Florida

What can be done?

My 20 yr. old son was charged with burglary of a structure. He was arrested almost a year after the crime occured. He was the one who called crimestoppers. He also was given a motor that was from the burglary and called the rightful owner to verify that it was indeed from the burglary and wanted him to come and get it. The guy came by and looked at the motor (without telling anyone) and left. A day or two later he supposedly brought the police with him to get the motor, but the motor was gone. My son was not contacted by anyone during all of this. When he was arrested several months later it was a huge surprise. Now, two of the boys actually involved with the burglary are saying that my son was involved too. The statements they have given have contradicting information about dates, times, and who did what. We go to pick a jury tomorrow and the PD is trying to talk my son into taking a deal from the prosecuter even though she has not talked to any of the defense witnesses. When asked why she hasn't spoken with them, she says it is the prosecuters job. There are witnesses to prove these boys are lying and that they gave this motor to my son, yet the PD won't listen. What can be done?


Asked on 7/09/07, 6:12 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: What can be done?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While the public defender certainly should depose all of the witnesses, getting into a fight with the public defender will not aid your son's case. If you are not content with the performance of the public defender, you can hire private counsel who will be more responsive to your requests. It may be costly, but so will a conviction on your son's record that you feel was not warranted or fully defended.

Scott R. Jay, Esq.

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Answered on 7/09/07, 11:51 am


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