Legal Question in Criminal Law in Oklahoma
my fathers been railroaded by the justice system
my father and another guy is in jail i dont believe my dad did it they have no dna on my dad just on the other guy my dads so called lawyer didnt help him at all and i just found out that the state has a letter that the other guy wrote saying he killed them 2 people and that my dad did nothing but his lawyer didnt do anything about the letter what should he do
1 Answer from Attorneys
Re: my fathers been railroaded by the justice system
I hesitated answering this question here because it obviously involves a murder. Therefore, it is a little more serious than the typical question on this website and deserves more analysis and attention than can be given with the little information you have given.
First of all, the letter does nothing for your Dad. The codefendant must appear at your Dad�s trial and tell the jury that your Dad did nothing. However, �doing nothing� may or may not be a defense. If you Dad was committing a felony at the time of the murder, whether he had the intent to kill or not, he is guilty of murder. If you Dad assisted the codefendant in any way in committing the murder, it does not matter if your Dad actually did the killing or not. He is still guilty of murder.
What should your Dad do? That is an impossible question to answer in a serious case like this with just the paragraph of information you have given. I assume you are asking if your Dad should enter into a plea agreement or take the case to trial. This is something to be discussed with his attorney who has all the police reports and has talked to your Dad about his version of the events. If you Dad is dissatisfied with his attorneys advice and work on the case, he should hire a new lawyer.
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