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14 yr old with brand new lawyer

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Ayoop

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

Hello,

We're hoping for some good advice. There is a 14 yr old boy who let a friend take his ADHD medication at school. He didn't sell it, it was one pill per the school nurse. A friend asked him for it, he didn't want to take it, he handed it over (13 at the time).

Boy was charged with possession with intent to deliver, with an enhancer because it was at school. He had no idea how much trouble he would be in and freely admitted giving the friend his pill.

His court appointed attorney is new. On their way into the court room she wondered if the charge against the boy is a felony. She said if it was, he may never be allowed to hunt, and she wasn't sure about driving, voting etc. He had already agree to plead guilty on her advice, since he admitted what he did to the school.

She asked the DA if it is a felony, which it is. The DA said she would ask the judge to waive the fire arms stipulation, but the judge does not have to agree. We are still unclear on voting or driving. We don't know if this would stay on his record as an adult, and fear a felon record at only 14. This is not a troubled child.

Can his guilty plea be withdrawn now, and is it advisable to do so since he did admit everything to the school? Can you tell us what is in this boy's best interests? We want him held responsible and to learn a lesson, not to ruin his life.

Thank you!
 


Isis1

Senior Member
What was the exact charge?

Is the attorney even trying for a lessor charge?

Legally, the child had no business giving ANYONE any medication. No one should be dispensing meds unless they are a medical professional. Not knowing better is not an excuse.
 

Ayoop

Junior Member
The charge is called "manufacture/deliver non-narcotics". The added enhancer, they explained today, is due to the fact that the pill was given at school. The ADHD medicine is is Ritalin. The DA dropped the enhancer in exchange for the guilty plea, and advised 50 hours of community service with a year of supervision.

There is no excuse for what he did, he knew it was wrong. No excuses were accepted (or offered). I want to be sure he is properly represented. I want him to be as afraid as he is so that he never is on the wrong side again. I also want to be sure he's treated fairly, because right/wrong works both ways.
 
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Ayoop

Junior Member
Does anyone have any advice for us? I'm concerned that the lawyer didn't know if the charge was a felony or not, and want to be sure we should take her advice.
 

Isis1

Senior Member
Does anyone have any advice for us? I'm concerned that the lawyer didn't know if the charge was a felony or not, and want to be sure we should take her advice.
Ah. When i asked for the exact charge, i was referring to the penal code. Do you have the violation number handy?
 
New lawyer or new PD?

if you dont trust her, ask her how you go about relieving her and asking for a new attorney to be appointed. Tell her no offense but your kids life and you would feel more comfortable with someone who knows what they are talking about.

I would highly doubt your state has possession of any drug with intent to deliver as misdemeanor.. but more importantly, if she doesnt know and cant explain to you the consequences of your plea, then she is incompetent and not adequately representing you. So if she is displaying incompetence and a general lack of knowledge of the laws, you should be having a conflict with that lawyer. I wouldnt know how to dump a lawyer over conflict in Wisconsin, but start researching that if its what you might want to do.

If you havent entered the plea formally in court (ie only talked about it with the DA), then its not entered. Even if you did enter it, a lawyer could likely get it withdrawn. I would want to start seeking competent counsel.
 

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