Legal etiquette

[NorCal85]

What is the name of your state?From California

Recently my son was arrested on Cal PC 648 which states;
"648. Every person who makes, issues, or puts in circulation any
bill, check, ticket, certificate, promissory note, or the paper of
any bank, to circulate as money, except as authorized by the laws of
the United States, for the first offense, is guilty of a misdemeanor,
and for each and every subsequent offense, is guilty of felony."

Without getting into the story via this forum, his case should've never reached the court room. The police report is not in line with his statement, innocent mistake, on and on.
He obtained council via the Public Defenders office, and so far we've been on a 3 month continuance while they wait for the investigation results.
His life has been on hold because of this situation, which is becoming quite frustrating.

My question is, is it inappropriate for me to speak directly to the DA regarding this case and how we can reach a mutual conclusion? I don't want to jeopardize the public defenders position, but in all honesty, I have very little if any confidence in his ability.

Thanks for your comments.

 

[racer72]

It would be highly unethical for the DA to go over your son's attorney's head.

 

[CdwJava]

Without getting into the story via this forum, his case should've never reached the court room.

Apparently your legal opinion differs from your local District Attorney's.

The police report is not in line with his statement, innocent mistake, on and on.

What does "not in line with his statement" mean? And all because your son claims it was an "innocent mistake" does not mean it was. To be honest, we hear that claim all the time even when a person forges someone else's name on a check.

He obtained council via the Public Defenders office, and so far we've been on a 3 month continuance while they wait for the investigation results.
His life has been on hold because of this situation, which is becoming quite frustrating.

This sort of case is very difficult to investigate. It can take months and sometimes a year or more. Generlaly they want to get it done sooner - and since he is apparently already in the court process I imagine they will have to get moving sooner rather than later. But, I will guess that he already waived his right to a speedy trial so they have some time to look in to the matter. And if he is innocent, this may ultimately result in a dismissal of charges against your son.

My question is, is it inappropriate for me to speak directly to the DA regarding this case and how we can reach a mutual conclusion?

NOT a good idea! Anything you say to the DA can be used against your son later on. YOU can be called as a witness against your son. If you say, "Yeah, he knew about that, but ..." then guess what you will be asked to testify to at trial?

Do NOT talk to the DA about the matter. Let his attorney deal with it.

I don't want to jeopardize the public defenders position, but in all honesty, I have very little if any confidence in his ability.

Not everyone gets Clarence Darrow. But, at the same time, there may be nothing for the attorney to do right now. Everything's in a holding pattern while the case is being investigated. The DA isn't going to wheel and deal if he doesn't know what's going on. So all because you don't see any action does not mean that the attorney is a lummox.

If your son is an adult, let him deal with the attorney. Don't you get in the middle of it. Anything your son says to you is not priveleged ... remember that.

- Carl

 

[garrula lingua]

It would be unethical for the DA to speak with a third party about a case.

Your son has an attorney. All communication should be through the atty.

If you are unhappy with the PD, have your son hire private counsel, but he may/will probably handle the case exactly the same as the PD.