Waive right to an attorney?

[golfer mom]

What is the name of your state? New Mexico

My 14 year old son has been charged with Criminal Property damage - a 4th degree felony for driving a golf cart on the fairway in the rain. The complaintant said damage was >$2000 (4 boys). The city re-estimated at $650 or 162 each and we signed a restitution agreement with the city, who also notified the DA and juvenile probation they did not want to press charges.
Juvenile probation and the DA pressed formal charges anyway and I received a court date and order of appointment - to pay the public defender $1000 for representation based on my income.
Could the juvenile probation have decreased the charges based on the information from the city?
Could the DA have decreased the charges based on the information from the city?
Can I waive the right to an attorney for my son? I believe these proceedings are a waste of taxpayer $$.
The DA is a relative - is this a conflict of interest?
Please help!

 

[BelizeBreeze]

The DA is a relative to whom?

ANd the answer to all other questions is Yes. All "COULD HAVE" been done. But weren't and that decision was up to the DA to make.

 

[golfer mom]

The DA is a 2nd cousin to my husband and assigned the case to the childrens court attorney to prosecute.

Is a juvenile required to have an attorney under these circumstances? Is there any way I can waive his right for this?

 

[LSCAP]

I would not cancel the attorney. This insures no one can come back and say the kids weren’t represented. (a completely legal case, and all bases touched to protect the kids having a Felony on their record.) Not a family favor. He did his job, the lawyer, and judge did their job, no conflict, nor rumors of one.

Assuming (hate that word) the cousin doesn’t hate you, I suspect he wants it to go to court so there are court papers stating the case is closed, dismissed, or reduced to a lesser charge, and the records sealed or whatever, (not a guilty plea to a felony nor conviction for a felony)

I’m sure one of the lawyers here can explain better than I can, or the court attorney can explain it to you.

I hope I made that clear enough.

What you think is kid stuff, another person asking help here, at 31 is having trouble getting a job because of a felony conviction as a teen.

 

[golfer mom]

I'm just having trouble swallowing this entire thing. I have no doubt it will be dismissed based on the facts - but not without my giving $1000 to the state for representation. Really doesn't give me alot of faith in our system and it's priorities.

So much for being honest.... and teaching children a valuable lesson.

 

[LSCAP]

Teaching a lesson

You are the one teaching him a lesson.

Consider all the grief you are facing.

You must have talked with him about this.
He must know how upset you are.

I have four grown kids of my own. My 88 yr old mother is living in NY and I live 500 miles away.
I wouldn’t dare call her and say, “Mom I’m in trouble.” Just writing those words puts my stomach in a knot.

Good luck and God bless.

 

[golfer mom]

The legal system would only teach him the lesson that you are better off trying to get out of it from the start rather than be honest and responsible for your actions. I told him to not make any excuses and tell the truth. We knew of numerous loop-holes from the start but didn't go that route because I don't believe that is good citizenship.

So - for a few minutes of fun in the puddles... he will (so far) complete 15 hours community service which was already agreed with through the city, appear in court (who knows what they will decide), and pay me $25 a month until the $1000 debt is cleared.

Thank you.

 

[Silverplum]

The legal system would only teach him the lesson that you are better off trying to get out of it from the start rather than be honest and responsible for your actions. I told him to not make any excuses and tell the truth. We knew of numerous loop-holes from the start but didn't go that route because I don't believe that is good citizenship.

So - for a few minutes of fun in the puddles... he will (so far) complete 15 hours community service which was already agreed with through the city, appear in court (who knows what they will decide), and pay me $25 a month until the $1000 debt is cleared.

Thank you.

Gee whiz, and all for a few minutes of fun in the puddles. What a harsh, cold world. And you're making him pay a whole $25/mo. on a $1K debt. What a big disciplinarian you are.

Betcha if some joyriding teen smacked your car or damaged your property in some fashion, you'd be here looking for ways to be reimbursed and make sure the "fun-having teen" learned his/her lesson.

I predict OP's kid will get into more and bigger trouble in the future, due to Over Mommying.

 

[golfer mom]

The "victim" is satisfied with 15 hours of community service. $25 a month for 40 months is payback to me for the court ordered legal fees and is a long term lesson. "Discipline" comes in many forms.

It's not over-mommying, rather responsible parenting. Don't hold your breath on those predictions.

My point is that charges should be within reason.

 

[Silverplum]

The "victim" is satisfied with 15 hours of community service. $25 a month for 40 months is payback to me for the court ordered legal fees and is a long term lesson. "Discipline" comes in many forms.

It's not over-mommying, rather responsible parenting. Don't hold your breath on those predictions.

My point is that charges should be within reason.

Oh, I won't be. I'll have forgotten you by this afternoon.

My point is that, while I am resting easy, you are the one who will be losing sleep over this kid. You are the one who has gotten him to this point, and you are the one who will be credited or blamed depending upon his behavior. If you run around and protect him like a widdle biddie baybee, he's not going to learn a lesson.

Good luck with that.

 

[Bretagne]

Golfermom:

I represent lots of kids who get a rude awakening into our criminal justice system. The parents are always kind of shocked by the ramifications, and by how "serious" some relatively common teen behavior is sometimes taken.

You might be able to retain private counsel for your son for about $1,000. Probably going to run you more like $2,500 - $5,000 though. If you go the PD route, then that public defender represents your child, not you, which means that the PD won't have to explain anything to you, or talk to you, or answer your questions. That can be tough for a parent to deal with, because you won't have any idea what is going on. So think about private representation.

Also, it is important to avoid a juvenile felony conviction here. There are all types of ramifications for a felony plea, even a juvenile one. It all depends on the laws in your state. But a felony can affect your son well into adulthood.

As far as learning experiences go, this is going to be a great opportunity for your son to see how being a criminal defendant is truly a miserable experience. He'll probably end up working one-on-one with a corrections officer to get through probation, and he'll have to face a judge at some point in time for a sentencing lecture. (Any smarmy or smart a** behavior will guarantee a harsher penalty from the bench. The lesson to be learned is: if driving through a couple muddy puddles on a public golf course results in this much angst, what would happen to me if I punched a guy at the bar or got in my car after drinking or spray painted profanity on someone's house?