Legal Question in Criminal Law in Mississippi

My son is charged with aggravated assault (domestic violence) - Felony. My son is innocent of these charges. He is also still in jail. It�s been almost a year since he was charged and he still has not been allowed to give a statement of what happened. He has creditable eye witnesses who will testify in his behalf. But statements have not been taken from his witnesses either. She pressed charges 4 days later claiming he assaulted her after he refused to come back to her. Neighbors who witnessed the event say she was all drugged up, falling down, and was taking bottles of pills, and he was only trying to keep her from an overdose. He could not stop her so he left her in care of others and came to get me. After he left they had to call 911 for medical assistance. She is "stoned out of her mind" the EMT said to me upon my arrival and I showed them the empty bottles of the pills she had taken. I asked if anything else was wrong with her because I was told she could barely walk without falling and I was told she had no physical injuries by the officers and the EMT. That she was being taken to the ER because the overdose required medical treatment. Days Later we were really shock upon his arrest since no assault by him had happened. The DA had him indicted without even allow him or witnesses to give statements. Police department said there was no time for him to give his statement so one was never taken. Now they say he will be convicted because a detective will testify in her absences, that she said he assaulted her and she signed a statement to it and that none of the witnesses will not be allowed to testify due to she will not be present to defend herself against their testimonies. She has left the state and is on the run after robbing people who were trying to help her. How is my son supposed to defend himself? He has an attorney who seems to have no time for this case. Who keeps saying �it�s not going to trial, we not dealing with that right now, so he does not need witnesses, �and that �He just needs to take a felony deal because the girl said he did it so that is that�. There has been one continuance on this and his next trial date is this Thursday, May 22nd, but the Attorney has not prepared for this trial so I guess it will be continued also. So my Question is: Really? My Son is just convicted? There is nothing we can do? She lies and My Son gets a Felony Charge and Prison Time?


Asked on 5/20/14, 10:49 am

1 Answer from Attorneys

Anders Ferrington Anders Ferrington PLLC

He has an attorney. It would be unethical for me to give advise to one that is represented

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Answered on 5/20/14, 11:33 am


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