Son in Jail for something he didn't do

[kat30s]

What is the name of your state? California

I know we've all heard that before, but here's the situation. My son was at a party in July of 2003. He and another kid borrowed the car of a 3rd person at the party. My son was the passenger. The driver had been drinking and crashed the car. They both went back and told the owner of the car, and of course he freaked. He was scared to tell his mom because no-one was allowed to drive it, so he ended up reporting the car stolen. Both The driver and my son were arrested, and then let go when it went to court because the DA decided there was not enough evidence. Now, almost a year later, the DA re-opened the case saying there was enough evidence. There are witnesses at the party who said he gave them the keys. The owneer of the vehicle even came by my house a few days later to apologize to me for lying, and told me it was more his mother than him, because they could only file an insurance claim if the car was stolen. Now both the mother and the car owner refuse to tell the police the truth. The car owner made 3 separate statements to the police, all different, as far as times it happened and how he found out the car was gone. We also have witnesses after the fact for comments he's made of a racial nature (my son is black) saying he's going to stick with his own race (the driver was white). We cannot afford an attorney and have to rely on a public defender who really doesn't care. We were told by the DA that anyone with first hand knowledge should submit statements to the Sheriff's department which we did, and the sheriff called once late at night, and I have tried returning his calls, and even left a letter for him at the station and he has not called me back. Also, the driver of the car has not yet been arrested (it's been a month since charges were filed) even though he is at the same address he was when the incident occurred. There are charges on him though. My questions are, what steps can we take to make sure the public defender does his job? What can I do about the sheriff? They still have not assigned an investiigator to the case, and my son's next court date - the preliminary trial is in 3 weeks. When he is cleared, what can we do about a civil case against the owner and his mother for filing the false report with the police and insurance company (owner is a minor). My son has been in jail for a month and lost his job, not to mention his reputation. I am not saying he is an angel, but he di not do this. Sorry this was so long, any advice would help.

Thanks in advance

Your son was the passenger and has been in jail for a month, yet the drunk driving the car has not been arrested?

How old are they and what are the charges on each?

[Son of Slam]

"...what steps can we take to make sure the public defender does his job?"

All together now, A PUBLIC DEFENDER HAS A FOOL FOR A CLIENT.



"What can I do about the sheriff?"

Gary Penrod
655 E Third St
San Bernardino, California 92402
(909)387-3687

The mother of the car owner needs to be charged with insurance fraud. That may be an issue that needs to be brought up as well. Once she is charged with that, maybe the other charges will take a different turn.

[calatty]

What makes you think the public defender isn't doing his job? His job is not to "care" but to take appropriate legal steps. If you are still 3 weeks from the prelim, he has ample time to investigate. Most investigation is done after the prelim. The defense does not generally put on a defense at the prelim. If the driver had the keys, the prosecutor will have difficulty proving the car was stolen.

[kat30s]

okay first of all the public defender said he didn't care. I'm not saying that he should be an "emotionally" caring person, but that he cares about the case. As for the investigations are concerned, our understaning is that his next court date is to decide whether or not there will be a jury trial. If the PD doesn't talk to witnesses then how are they to know whether or not to go to trial? There are also a lot of witnesses, and I would think it would take some time to contact them and set up meetings to talk to them. These are just my thoughts on that, I don't have a clue how these things work which is why I am asking. The driver did have the keys, but the vehicle owner is saying they took the keys out of his shoe while he was sleeping.

As far as the Driver of the vehicle goes - no he has not been arrested and I don't understand - his charges are drunk driving, grand theft, and leaving the scene of an accident. He was 17 at the time. My son is charged with grand theft. He was 20 at the time.

once this is all settled we will be bringing a civil suit against th mother and son, and make sure the insurance company knows what's up.

[kat30s]

I never got any further answers, but I have some new info and was hoping someone could give me advice....My son (from jail) and I have been calling the PD every day and he is finally doing something. I also found out a friend of mine who is a sherriff is the supervisor of the Sheriff I was trying to contact so that helped. I have recently found out that the accuser in my son's case is currently in jail for felony theft. The PD's office said that it was "very interesting." I am wondering if this could help my son's case, in the sense that the accuser my be an unreliable witness, hving been caught lying already, making 3 different statements, and now in jail? Also, who can I talk to, if anyone to find out why my son's co-defendant, the driver of the vehicle, has not been arrested?