Bad Legal Representation/Results

State:Ga
Spence-20yr son-n/trouble before-1st time offense
charge-felony-sold a starter for less..
Employer n/charges-State charged
Sentence-Plea Bargain

Spence got caught during a sting set-up to catch the real thief-another co-worker, stealing $1000's in 3 mon.
Appointed a PD..1st met him 20 mins before court.Told to sign Plea Agreement or get possible 10 yrs jail-time.Spence signed and was passed as his sentence.
Plea Bargain included 5yrs probation:$45@wk,$3000 fined in 2yrs.also if the other plaintiff is incarcerated during this time SPence is responsible for the remainder of his $3000 fine!!(this guy is now has 4 felony convictions)
How can this be?Spence was never given his options, like requesting a jury trial, or even discuss his case with the PD,also was never even told what the Plea Bargain was..just told to sign it or goto jail for 10 yrs.Sound like duress?The PD tried both planitiffs together even though the charges were different-Conflict of interest!How can Spence be held responsible for the other guys fines?
Spence has never even had a warning ticket, yes he did commit a crime..sold a starter for less because the customer really needed 1 and they were out of the cheaper ones, the customer couldn't afford the 1 they had(Spence did not do this to benefit himself)
If anyone knows of a way to get this re-opened and tried for what he did and not the other guy Please let me know. If you need more info let me know.

Stressed,
Mom

Hear of the old saying "You get what you pay for?". Your son does now. He needs to hire an attorney that can take time to review the case and present a proper defense.

Spence had the option of asking for a jury trial or pleading guilty if he was told he would get 10 years. Also, he would have had to tell the judge what he did in order for the plea to be accepted. I find it hard to believe that he may be held responsible for the other defenant's fine or restitution.

The bottom line is that he broke a law and cheated his employer. Has he done this same or similar thing before? It is rare that a person is caught the very first time they do something wrong.

Ask yourself if YOU would want someone working for you who would sell something at the wrong price.

Let's hope this experience will teach him that breaking the law may be easy, but doing the time is not.

tbug53 said:

State:Ga
Spence-20yr son-n/trouble before-1st time offense
charge-felony-sold a starter for less..
Employer n/charges-State charged
Sentence-Plea Bargain

Spence got caught during a sting set-up to catch the real thief-another co-worker, stealing $1000's in 3 mon.
Appointed a PD..1st met him 20 mins before court.Told to sign Plea Agreement or get possible 10 yrs jail-time.Spence signed and was passed as his sentence.
Plea Bargain included 5yrs probation:$45@wk,$3000 fined in 2yrs.also if the other plaintiff is incarcerated during this time SPence is responsible for the remainder of his $3000 fine!!(this guy is now has 4 felony convictions)
How can this be?Spence was never given his options, like requesting a jury trial, or even discuss his case with the PD,also was never even told what the Plea Bargain was..just told to sign it or goto jail for 10 yrs.Sound like duress?The PD tried both planitiffs together even though the charges were different-Conflict of interest!How can Spence be held responsible for the other guys fines?
Spence has never even had a warning ticket, yes he did commit a crime..sold a starter for less because the customer really needed 1 and they were out of the cheaper ones, the customer couldn't afford the 1 they had(Spence did not do this to benefit himself)
If anyone knows of a way to get this re-opened and tried for what he did and not the other guy Please let me know. If you need more info let me know.

Stressed,
Mom

Click to expand...

I will try to respond to all ?'s posted.
>As mentioned in my post the employer knew/sent a trap for a thief(losing goods/monies in the previous 3 months) That is how Spence was caught..No he had never done anything like this before..let is heart overload his common sense for a hard-luck story from a customer.
The judge was read the charges of both plantiff's which was primarily the other boys..Spence's crime was ringing up a starter at a less price(difference of $28)
We knew nothing of the option of a jury-trial until after the sentencing.
YES, I had to read/re-read the judgement to believe that Spence is being held liable for the other plantiff's fines!
I think that is all if anyone needs more info please let me know.
I do want you all to understand that both Spence and I know that he did wrong but this is also a wrong!! Or is 1 mistake suppose to ruin your life and that of your family(Spence became a 1st father 2 days after court)

I also wanted to say that Spence's boss did not bring charges against him the state did and his boss offered to go to court in Spence's behalf as he really thought a lot of him and understood why/how Spence could do what he did.

Mom

I would be very interested in reading the Complaint and also the Judgment and Commitment. When was he sentenced? He does have the option of filing for a sentence reduction - the exact term varies from state to state. However, he should have some kind of legal assistance in doing it because he can give up his rights if he makes a mistake. If you would care to mail me those papers, I will look them over and see what advise I can offer. Obviously, without knowing the whole story, it is impossible to make an informed suggestion.