Urgent help for a charge of harboring a minor!

[Eekamouse]

You are the OP: Original Poster

 

[spinanddance]

You are the OP: Original Poster

I honestly was naive, but she was pregnant. What do you think I could do or my options?

 

[OHRoadwarrior]

As I mentioned via PM, have the church file a third party brief since they are pushing the abortion issue.

Amicus Curiae

Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights cases. They may be filed by private persons or the government. In appeals to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof.

An amicus curiae educates the court on points of law that are in doubt, gathers or organizes information, or raises awareness about some aspect of the case that the court might otherwise miss. The person is usually, but not necessarily, an attorney, and is usually not paid for her or his expertise. An amicus curiae must not be a party to the case, nor an attorney in the case, but must have some knowledge or perspective that makes her or his views valuable to the court.

http://legal-dictionary.thefreedictionary.com/Amicus+brief

 

[spinanddance]

As I mentioned via PM, have the church file a third party brief since they are pushing the abortion issue.

Now I have another question what is the third party brief?

 

[OHRoadwarrior]

Now I have another question what is the third party brief?

Edited previous post w/info

 

[spinanddance]

As I mentioned via PM, have the church file a third party brief since they are pushing the abortion issue.


http://legal-dictionary.thefreedictionary.com/Amicus+brief

Thank you very much, that is really helpful.

 

[Ohiogal]

As I mentioned via PM, have the church file a third party brief since they are pushing the abortion issue.


http://legal-dictionary.thefreedictionary.com/Amicus+brief

A brief only works during an APPEAL. Not at a trial. Please don't give this information because it is wrong.

 

[Ohiogal]

Thank you very much, that is really helpful.

It is very very wrong. Until you are found guilty and unless you appeal, an amicus brief has no place. And an amicus brief doesn't mean a whole heck of a lot until you can get to the state supreme court level. But whatever.

 

[OHRoadwarrior]

I would discuss the issue with your lawyer. You are being tried in a state court on criminal charges. I will refer you to these segments from an article presented during a Texas Bar Association training seminar on amicus curaie briefs in Texas. Ohiogal is an OH attorney, I am not an attorney.

It is better practice, as the Texas state courts do, to permit amicus filings as a matter of course as long as the brief meets the relevant filing
requirements.

In some instances, amici can be used to ameliorate the fact that a party is unsympathetic, or provide the court with a more sympathetic set of facts. When a particular party— for instance, a criminal defendant—is unsympathetic, it is helpful to find amici that would be affected by an issue before the court, but who the court
will view with sympathy.

It was prepared and presented by:
AMICUS CURIAE BRIEFS

GREGORY S. COLEMAN
Justice Nathan L. Hecht

 

[LdiJ]

I would discuss the issue with your lawyer. You are being tried in a state court on criminal charges. I will refer you to these segments from an article presented during a Texas Bar Association training seminar on amicus curaie briefs in Texas. Ohiogal is an OH attorney, I am not an attorney.





It was prepared and presented by:
AMICUS CURIAE BRIEFS

GREGORY S. COLEMAN
Justice Nathan L. Hecht

That is all good and well, but that doesn't change the fact that amicus briefs are used at the appellate and higher levels. The entire purpose of an amicus brief is to make a pro or con argument, under the law, about a case that has already been decided at the trial court level...in an attempt to convince the higher court that the judge either made the wrong decision or made the right decision.

As Ohiogal stated, one would most commonly find them used as the state supreme court level, or at the US Supreme Court level. An amicus brief is expensive to produce and they are not normally paid for by the parties to a case. They are paid for by organizations who have interests in the outcome of a particular case and how that case will effect the law going forward.

You might see the AARP submitting an amicus brief in a case that involved elder law or that impacted the elderly. You might see environmental groups submitting amicus briefs in cases regarding oil spills or other man made disasters. You might find an anti death penalty group filing an amicus brief in a case involving the death penalty.

It doesn't happen at the trial court level because there is nothing to write the brief about. I could possibly see some slim chance that an amicus brief might be written during the penalty phase of some trial on some very major issue, but a simple case of harboring a runaway is not that kind of case.

 

[CavemanLawyer]

Amicus briefs are for appeals period. If any entity tried to file one in a pending criminal case it literally wouldn't even be accepted because there's nowhere to send it. You can't file it with the clerk's office because you aren't a party to the case. You could hand it to the prosecutor or defense attorney but they'd just throw it in the garbage. If you handed it to the Judge it'd be considered an ex parte communication on the part of whichever side you were supporting. Also the point of an amicus is to show support one way or the other for a particular social issue to show how the decision in the case will effect the larger community. You can't use an amicus brief to try and put specific facts before the court (ex: this particular girl was forced into an abortion.) The most that a church could do would be to write a letter of support for the defendant's character and give it to the prosecutor for their consideration, or someone with the church could submit an affidavit to the prosecutor or officer if they had relevant facts in the case.

As for the case, the state has the burden of proof. If this child ran away from home and was only gone two days that arguably does not meet the definition of a substantial amount of time. That means they'd have to prove that you knew the child didn't have the intent to return. You know better than anybody whether you knew the child's intent and what evidence may exist of that. Expect that the child would have to testify if your case went to trial. I don't know what jurisdiction you are in or what your prosecutors or jury pools are like, but I have not seen many first time offender defendants get jail time for this offense even when its the creepy old guy harboring the misguided tween girl. The whole abortion angle if true certainly would muddy the waters for the State's case. If you cannot afford an attorney then ask for a public defender or court appointed attorney (depending on what they do in your jurisdiction.) Let them look at your case and just take their advice. Stay calm for now because its going to be a little while before anything happens. If the prosecutor or defense attorney tries to get you to plea out quickly I would be cautious. I really do not see jailtime as a likely result but a conviction is forever in texas and that kind of conviction would severely limit your employment opportunities.

To several of the other posters... why take things so literally? Sure you can't literally force a minor into an abortion but we all know what she is talking about. A parent can obviously "force" their child do something through pressure. Parents do it all the time. I can certainly see a young girl running away from her home because her parents are "forcing" her into consenting to an abortion. That is one heck of a mitigating circumstance for our poster here if this is all true. Prosecutors hate going forward on cases like this where even if they win, everybody looks dirty.

 

[OHRoadwarrior]

Based on the info provided by others, it does appear I am incorrect and that is not an option. At best you can call a church rep in your defense as to your state of mind.

 

[swalsh411]

A relative of mind is a nurse at a clinic that performs abortions. According to her, it's standard practice to get the minor alone and make sure they really do want to go ahead with the abortion. If they say no, they won't do it.

 

[Rwedunyet]

A relative of mind is a nurse at a clinic that performs abortions. According to her, it's standard practice to get the minor alone and make sure they really do want to go ahead with the abortion. If they say no, they won't do it.

When I was a minor, I did what my mother told me to do, even when she wasnt around, or I had hell to pay when I got home. If I were to have gotten pregnant before 18, I would have been forced into an abortion. I have no doubt that if the nice lady at the abortion clinic would have asked if I were to consent, I would have said yes, simply because I would have been terrified to say otherwise. I would have had two choices, 1. have the abortion or 2. run away and hope I dont get sent back.

I very much sympathize with this young girl.

 

[spinanddance]

Amicus briefs are for appeals period. If any entity tried to file one in a pending criminal case it literally wouldn't even be accepted because there's nowhere to send it. You can't file it with the clerk's office because you aren't a party to the case. You could hand it to the prosecutor or defense attorney but they'd just throw it in the garbage. If you handed it to the Judge it'd be considered an ex parte communication on the part of whichever side you were supporting. Also the point of an amicus is to show support one way or the other for a particular social issue to show how the decision in the case will effect the larger community. You can't use an amicus brief to try and put specific facts before the court (ex: this particular girl was forced into an abortion.) The most that a church could do would be to write a letter of support for the defendant's character and give it to the prosecutor for their consideration, or someone with the church could submit an affidavit to the prosecutor or officer if they had relevant facts in the case.

As for the case, the state has the burden of proof. If this child ran away from home and was only gone two days that arguably does not meet the definition of a substantial amount of time. That means they'd have to prove that you knew the child didn't have the intent to return. You know better than anybody whether you knew the child's intent and what evidence may exist of that. Expect that the child would have to testify if your case went to trial. I don't know what jurisdiction you are in or what your prosecutors or jury pools are like, but I have not seen many first time offender defendants get jail time for this offense even when its the creepy old guy harboring the misguided tween girl. The whole abortion angle if true certainly would muddy the waters for the State's case. If you cannot afford an attorney then ask for a public defender or court appointed attorney (depending on what they do in your jurisdiction.) Let them look at your case and just take their advice. Stay calm for now because its going to be a little while before anything happens. If the prosecutor or defense attorney tries to get you to plea out quickly I would be cautious. I really do not see jailtime as a likely result but a conviction is forever in texas and that kind of conviction would severely limit your employment opportunities.

To several of the other posters... why take things so literally? Sure you can't literally force a minor into an abortion but we all know what she is talking about. A parent can obviously "force" their child do something through pressure. Parents do it all the time. I can certainly see a young girl running away from her home because her parents are "forcing" her into consenting to an abortion. That is one heck of a mitigating circumstance for our poster here if this is all true. Prosecutors hate going forward on cases like this where even if they win, everybody looks dirty.

Thank you very much! Honestly I have been told twice that it is very unlikely for this to go to court. I do have a question since I have mentioned previously I do not have money and I do have a bond hearing to go out on a PR bond, but I heard that I might have to pay 3% of my actual bond which is still a lot of money for me can the judge let me go without having to pay anything?

The minor was very scared of the mother and it had not been the first time that she tried to runaway for the same reason (since she found out she was pregnant). Recently I was told that the child and I quote "Is not pregnant anymore" which made me suspicious of what might had happened to the child's baby, but I could not ask or even wanted to get involved any further.