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  1. #1
    oliviasgrace is offline Member
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    Son w/incorrigible charge. Want someone to confirm what atty. has told me please.

    What is the name of your state (only U.S. law)? Michigan

    Son is 14. I have physical custody. Father and I have joint legal.

    Son is facing incorrigibility charge (brought upon by me calling police three times when he ran away). To be clear, I called the police and officer said she was going to write report and submit this as incorrigibility.

    My son and I have met with probation officer who's told me what his recommendation will be at pretrial this month. He said we don't need an attorney.

    Son's father went to court to get a court appointed attorney. The attorney told me today that he can not talk to me as I'm an adversarial witness but that he'd need to speak to my son and my son's father.

    Does this sound right, particularly the part about me not being able to be involved in the conversational part? Attorney also said it was required that my son be represented by attorney, contradicting what the probation officer said. Which is correct?

    Thank you very much.What is the name of your state (only U.S. law)?
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by oliviasgrace View Post
    What is the name of your state (only U.S. law)? Michigan

    Son is 14. I have physical custody. Father and I have joint legal.

    Son is facing incorrigibility charge (brought upon by me calling police three times when he ran away). To be clear, I called the police and officer said she was going to write report and submit this as incorrigibility.

    My son and I have met with probation officer who's told me what his recommendation will be at pretrial this month. He said we don't need an attorney.

    Son's father went to court to get a court appointed attorney. The attorney told me today that he can not talk to me as I'm an adversarial witness but that he'd need to speak to my son and my son's father.

    Does this sound right, particularly the part about me not being able to be involved in the conversational part? Attorney also said it was required that my son be represented by attorney, contradicting what the probation officer said. Which is correct?

    Thank you very much.What is the name of your state (only U.S. law)?
    needing an attorney, and actually being prohibited from getting an attorney are two seperate issues.

    when charged with a crime, anyone, everyone should ALWAYS get an attorney. ALWAYS.

    now, as far as dad getting to speak with the attorney, but you aren't allowed to speak to the attorney, i'm going to wait for others to answer that. because you are the complaining witness.
  3. #3
    Antigone* is offline Senior Member
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    Quote Originally Posted by oliviasgrace View Post
    What is the name of your state (only U.S. law)? Michigan

    Son is 14. I have physical custody. Father and I have joint legal.

    Son is facing incorrigibility charge (brought upon by me calling police three times when he ran away). To be clear, I called the police and officer said she was going to write report and submit this as incorrigibility.

    My son and I have met with probation officer who's told me what his recommendation will be at pretrial this month. He said we don't need an attorney.

    Son's father went to court to get a court appointed attorney. The attorney told me today that he can not talk to me as I'm an adversarial witness but that he'd need to speak to my son and my son's father.

    Does this sound right, particularly the part about me not being able to be involved in the conversational part? Attorney also said it was required that my son be represented by attorney, contradicting what the probation officer said. Which is correct?

    Thank you very much.What is the name of your state (only U.S. law)?
    Olivia, you continue to borrow trouble and now see where it got you.

    Posting history folks.
  4. #4
    oliviasgrace is offline Member
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    Olivia is my late daughter.

    Can we leave her out of this discussion, please?
  5. #5
    Banned_Princess is offline Senior Member
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    In criminal court it is ALWAYS always always, advisable to have an attorney.




    You are the complainant on your sons case, of course his (son's) attorney cant include you in conversations between himself and his client.
  6. #6
    Isis1 is offline Senior Member
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    Quote Originally Posted by oliviasgrace View Post
    Olivia is my late daughter.

    Can we leave her out of this discussion, please?
    hon, it's YOUR handle. don't want THAT handle used, you should consider getting yourself a new one.
  7. #7
    Antigone* is offline Senior Member
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    Quote Originally Posted by oliviasgrace View Post
    Olivia is my late daughter.

    Can we leave her out of this discussion, please?
    Like I'm supposed to know that when you put it out there for all of us to use, right
  8. #8
    Silverplum is offline Senior Member
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    Quote Originally Posted by oliviasgrace View Post
    Olivia is my late daughter.

    Can we leave her out of this discussion, please?
    I know these posters, and I am positive no one meant to hurt you by using Olivia's name -- you really should change your username if you don't want to be called by your daughter's name.

    And regardless of anything else, I am sorry for your loss.
  9. #9
    oliviasgrace is offline Member
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    Thanks.

    And it reads "Olivia's Grace".

    But whatever. It's not relevant.
  10. #10
    Silverplum is offline Senior Member
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    Quote Originally Posted by oliviasgrace View Post
    Thanks.

    And it reads "Olivia's Grace".

    But whatever. It's not relevant.
    Lots of people here call me "Silver" or "Plum" instead of the whole thing. I'm quite sure that was the deal for you.

    But if you do wish to change your username, contact the mods using the link near the bottom of the page under "Contact Us," (freeadviceforum@adviceco.com) and ask them to change it to your next choice.
  11. #11
    Mnemosyne is offline Member
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    Without spaces or punctuation, "oliviasgrace" is ambiguous.

    It could be a proper name: Olivia S. Grace.

    It could proclaim one's prowess at a certain first-person shooter game: Olivia, SGR Ace.

    It could refer to a particular high-acceleration flight suit: Olivia's G-Race.

    You get the idea...
  12. #12
    eerelations is offline Senior Member
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    Bottom line is, you are an adversarial witness because you brought the charges against your son. You are the plaintiff and he is the defendant. Plaintiffs and defendants may not share attorneys as this is a clear conflict and is thus strictly prohibited. And no defense attorney is ever going to allow the plaintiff to listen in on his/her private conversations with his/her client. Any defense attorney who does this risks being disbarred and worse.

    Finally, while it isn't strictly required that your son have an attorney at all, it's a real good thing that he does.
  13. #13
    stealth2 is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    Lots of people here call me "Silver" or "Plum" instead of the whole thing. I'm quite sure that was the deal for you.
    Well... more often they call you "Sugar".

    Quote Originally Posted by Silverplum View Post
    But if you do wish to change your username, contact the mods using the link near the bottom of the page under "Contact Us," (freeadviceforum@adviceco.com) and ask them to change it to your next choice.
    SP's right - if you find it offensive that posters shorten your handle, then you may want to change the handle.

    At the end of the day, however, in this situation you ARE the adversarial party because you took action against your son. As for whether your son needs a lawyer? Darned skippy he does. The PO is not your son's friend.

    Also, I would expect to be served (sooner rather than later) with a change in custody motion.
  14. #14
    Ohiogal is offline Senior Member
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    As an attorney I would not be talking to mom if representing the son -- unless it was to find out what HER testimony was going to be. But she would NOT be sitting in on consults/meetings that I have with her son. No way, no how. That would TOTALLY destroy attorney/client confidentiality.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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