stickysituation
Junior Member
What is the name of your state? CALIFORNIA
Hi,
As a juvenile, my son was detained and accused of being involved with an assault with a deadly weapon. He was not at the scene of the crime but his friends were. His friends were also detained (I believe SEVEN of them) and some were allegedly associated with gang members deeming the incident itself gang-related. The victim had known this gang from school and apparently thought my son was involved, being that my son hung out with some of them, on campus. The boys were not arrested until months after the crime. We took his case to trial and the victim admitted my son was not involved with the incident and that he had mistaken my son's identity for someone else's. The victim's girlfriend had also stated that she saw everything and that my son was not a perpetrator. The other boys were found guilty and if i recall correctly, had not fought their case at all, except another boy who was acquitted of charges. My son was sent to a boot camp based on the fact the judge thought the victim was a "hostile witness" and felt his life was in danger if he had testified against my son and also because my son could not remember what he was doing so-and-so months ago at X:XX time. With no jury, the judge had judged my son wrongfully. This was 5-6 years ago.
My son, now 23, was on his way home when he was pulled over by the police. The officer pulled my son over based on the fact that he had recognized my son from the juvenile case years ago. He asked my son to step out of the car and my son refused to. The officer felt my son was hiding something and insisted that he stepped out again. My son then stepped out and was patted down when a loaded pistol was found on his waist band. When I asked why he had the pistol he replied that he wanted to keep one ever since my nephew was murdered last year (which is still an unsolved murder case). He is now in county jail with possession of a concealed weapon charge, possession of CCW as an ex-felon, and Possession of a loaded CCW.
I agree that my son should not be wielding a pistol, but in the case of my son's, wasn't the search that was conducted, a violation of his rights?? He has not been on probation since boot camp and has a semester left before transferring to a University. He has been working with my husband full-time and part-time for the past 3 years. He has been an outstanding student and always was before his juvenile incarceration. Also, to my understanding, my son is not an ex-felon as one of the charges implies he is. Aren't juvenile cases determined to be given a "True Finding" instead of being convicted as a felon?? We are thinking about hiring him a lawyer but I do not know what a lawyer can do for us. What should we do?? I was told to wait until his first court date to see if he could somehow have his bail lowered to bail him out. Now I DO NOT condone my son branding a pistol but I don't believe my son is a gang member as the policeman accused my son of being and quite frankly, I do not want to see my boy in jail with the "big boys." He just has too much going for him! My son has not had any run-ins with the laws ever since his release from boot camp except for a marijuana ticket that he was fined for. Any help would be GREATLY appreciated right now as I am very worried for him.Thanks in advance.
Kristy
Hi,
As a juvenile, my son was detained and accused of being involved with an assault with a deadly weapon. He was not at the scene of the crime but his friends were. His friends were also detained (I believe SEVEN of them) and some were allegedly associated with gang members deeming the incident itself gang-related. The victim had known this gang from school and apparently thought my son was involved, being that my son hung out with some of them, on campus. The boys were not arrested until months after the crime. We took his case to trial and the victim admitted my son was not involved with the incident and that he had mistaken my son's identity for someone else's. The victim's girlfriend had also stated that she saw everything and that my son was not a perpetrator. The other boys were found guilty and if i recall correctly, had not fought their case at all, except another boy who was acquitted of charges. My son was sent to a boot camp based on the fact the judge thought the victim was a "hostile witness" and felt his life was in danger if he had testified against my son and also because my son could not remember what he was doing so-and-so months ago at X:XX time. With no jury, the judge had judged my son wrongfully. This was 5-6 years ago.
My son, now 23, was on his way home when he was pulled over by the police. The officer pulled my son over based on the fact that he had recognized my son from the juvenile case years ago. He asked my son to step out of the car and my son refused to. The officer felt my son was hiding something and insisted that he stepped out again. My son then stepped out and was patted down when a loaded pistol was found on his waist band. When I asked why he had the pistol he replied that he wanted to keep one ever since my nephew was murdered last year (which is still an unsolved murder case). He is now in county jail with possession of a concealed weapon charge, possession of CCW as an ex-felon, and Possession of a loaded CCW.
I agree that my son should not be wielding a pistol, but in the case of my son's, wasn't the search that was conducted, a violation of his rights?? He has not been on probation since boot camp and has a semester left before transferring to a University. He has been working with my husband full-time and part-time for the past 3 years. He has been an outstanding student and always was before his juvenile incarceration. Also, to my understanding, my son is not an ex-felon as one of the charges implies he is. Aren't juvenile cases determined to be given a "True Finding" instead of being convicted as a felon?? We are thinking about hiring him a lawyer but I do not know what a lawyer can do for us. What should we do?? I was told to wait until his first court date to see if he could somehow have his bail lowered to bail him out. Now I DO NOT condone my son branding a pistol but I don't believe my son is a gang member as the policeman accused my son of being and quite frankly, I do not want to see my boy in jail with the "big boys." He just has too much going for him! My son has not had any run-ins with the laws ever since his release from boot camp except for a marijuana ticket that he was fined for. Any help would be GREATLY appreciated right now as I am very worried for him.Thanks in advance.
Kristy
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