Legal Question in Criminal Law in Indiana

Juvenile criminal law

If the judge requests information from the DOC, and supeonas the information, how can a decision be made without that requested information. The doctor and counselor were supeoned to come to court and didn't.Then any information from that facility was conveniently left out. My lawyer didn't not request a continuence for the requested information and the judge made a decision anyway. I am trying to get my son out who has been locked up for 2 1/2 years for cursing in school. After 2 1/2 years of me telling them he needs Ritalin to complete the level programs they have in DOC, now they wnat to admit, he is ADHD and place him on Ritalin so he can maintain to complete their program. But what about the fact that they should release him. He didn't do a crime and if they would have listened to me and gave him the medication he could have been home by now. I am angry at my lawyer and the judge. When the information that the judge supeonaed was not presented she should have requested a continuence,my lawyer certainly should have. I was in a state of shock that the judge sent my son back to DOC. So of course I thought of this two days later. How do you legally ignore a supeona? How can a decison be made without info the judge requested. help


Asked on 6/03/04, 2:23 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Juvenile criminal law

This case really requires careful review of not only the facts, but the reasons as to why all concerned did not seem to feel that additional information or evidence was relevant to your son's matter.

Raise your concerns with the attorney. You should ask your attoney if he/she was aware of what the documents they were expecting contained and why would or would not have been of any use to the court.

If you do not receive a resonable explaination, you may wish to have another attorney review this matter. However, keep in mind that it will require an expense to be made.

After a full review, it will then be better determined as what other course of action may be available. Cetainly it does give pause that your son is at DOC without having been convicted of a criminal offense. Clearly a full review of this must be made before anything could be suggested.

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Answered on 6/03/04, 3:46 pm


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