Legal Question in Criminal Law in Georgia

Need Help

My son has been in jail since 11/17/04. He has severe mental problems as well as prescription drug addiction. He is being held on criminal probation violation from 2002. He was at a ex family members house when he saw (hallucinations) someone breaking in an abandoned trailer(next door)My ex inlaws called the police to assist my son and her husband. When the police got there they drew their guns on my son all the while my ex inlaws were trying to tell them that Michael was not the criminal. They were told to get in their trailer and let them do their job. After they handcuffed my son they called in to find he was on probation. I guess that gave them the right to search his truck when they found prescription drugs(purchased from the ex inlaws). Legally could they search his truck even though he was not the one breaking in? Also we have to have a court appointed attorney and that scares me even more because when we had a court appointed Attorney in 2002 he refused to meet with us or Michael. The only time we were able to speak with him is in the hallway on the day of court. he had already ple barganed this case without even discussing it with any of us. At that time we did not know that we didn't have to accept it.


Asked on 12/15/04, 1:41 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Need Help

It does not sound as though your need for help stems from poor representation, but rather you son's condition causes him not to be willing to speak with his representatives. Hiring private counsel will not help if he is unwilling to speak with his attorney. I would recommend that you hire an attorney and ask that he immediately request that your son be evaluated to determine if he has the mental capacity to assist counsel in the preparation of his defense. He may not. If he doesn't, then the case will have to be postponed until he does have the necessary mental capacity to assist counsel in the trial of his case. If you can't afford private counsel, see if his appointed counsel will file such a motion.

Jim Hough

770-607-5300

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Answered on 12/15/04, 2:23 pm


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