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need advice to help son case(s)

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crip59n

Junior Member
What is the name of your state?What is the name of your state? tx
my son has been charged w/3 counts agg. rob., when the indictment came it had only one named victim. that person wants to drop any charges that he is named in. he has typed and non-proscuetion affidivit that is notarized. he presented it to the d.a's office where he was told they we're not dropping any pending charges against my son pertaining to the case(s). from there the victim went to our court appointed lawyer's office. where he has yet to catch him in the office, but spoked and left a copy of the affidivit with our lawyers' secreatary.his court date is coming up fast,it doesn't seem like we're getting any help from lawyer.please can someone advice us of our next move.the first offer was 15yrs w/dropping 2 counts.with the victim now wanting to retract his statementat the time of the incident.we want fight the charges.but there's always a but.my son has 2-3 prior felony drug conviction.help,help,help from a concerned mother
of a son that just can't stay
out--that iron bar motel
 


Kane

Member
Your son is between a rock and a hard place.

You didn't say when the prior convictions happened, or whether he got probation, but if he had two prior, final, consecutive, non-state jail convicitions, he could be looking at habitual.

Even if the priors don't meet the habitual statute, he's looking at 5-99 or life, if he goes to trial and gets convicted.

As you know, the state is not required to drop the charges, just because the victim wants them to.

The state may need the victim's testimony in order to get a conviction at trial. If your son thinks the victim will not come to court (and that the prosecutors will not be able to find him and make him come), he needs to talk to his lawyer about whether it's worth it to take a chance and set the case for trial, on the expectation that the state won't be able to find the victim, and that they'll be forced to dismiss the case.
 

crip59n

Junior Member
thnks for your response (help son case)

tx.
sry first message was incomplete. yes he has 2 state jail conviction his record and habitial was attached to the indictment. your response was the same as our's when this situation happened.i love my son,yet he's been hooked on that water for years.and now he has really messed up bad this time.i stressed to him going to trail he could lose big.i think he may take the plea after he has used all his times/chances to change lawyers,so he can stay in co. jail close to home for as long as he can.he can do the time we just concerned about how far will they send him to do it. i've suggested he take the plea,cause of our lawyer haven't provide he would fight for him if he goes to trial. and i think the d.a.'s office don't let a bird in a cage go. cause that how the state get more funding per inmate.

thanks again

crip59n mom
 

garrula lingua

Senior Member
Let your son's atty handle this - your son may be liable for an 'intimidation/dissuasion of a witness' charge if he's in contact with the victim.

There shouldn't be any contact with the defendant and his robbery victim, except through the attorneys or investigators (Judges frequently order no-contact with witnesses or victims).
How do you know what the robbery victim thinks/has done ?

Work thru the attorney.
 

crip59n

Junior Member
tx
we know that there shouldn't be any contact with victim (s) or witiness (s). my son been in jail since the incident. through some other contacts i have been able to speak with them. some i haven't heard from seems as they went underground. yet i've heard they have been around. and as far as the lawyer,he was court appointed to this case about 5 mos. now and has yet to give us any information pertaining to the case except of a plea offer from d.a. office. my son says the lawyer should have been able to provide use with some list of what d.a, as shared with him. such as motions filed by atty,evident,witiness ect.since he doesn't seem to be defending my son.we felt we should do what we could to help the case.
 

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