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Alleged Telephone harassment

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Junior Member
What is the name of your state? Boulder, Colorado

First, let me explain that my son (14-years old) is on a Deferred Probation Case which was supposed to end in October. On September 2, 2005, my son made a phone call to this girl from his school around 11:30AM in the morning. He stated that he was in the middle of talking to her when her phone disconnected, he attempted to call back and the girl's mother answered the phone. He stated that the mother was drunk and her language was out of control, he ended the conversation by calling her a bitch and hung the phone up. Around 2:00AM the police came to our house and arrested him. He was arrested for under the Colorado Revised Statute:

18-9-111 Harassment - stalking

(1) A person commits harassment if, with intent to harass, annoy, or alarm another person he or she:

(e) Initiates communication with a person, anonymously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion or proposal by telephone, computer, computer network, or computer system that is obscene; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or

We went to court on September 9, 2005. His Probation Officer recommendation was to extend his probation for 6 months with detention every weekend. I explained to the Public Defender that I can't afford an attorney and that I feel that my son is “Not Guilty.” He stated that I am not eligible for a Public Defender.

When I went before the Judge, He stated "Do you refuse the right to an Attorney", I went on to explain to the Judge that I am NOT eligible for a Public Defender and that I can't afford an attorney. He replied, "Just say Yes or No. I didn't know what to say, so I said, NO I want an attorney. He set another court date for Sept 23rd.

As I explained before, I can't afford an Attorney. I need to know whether or not I can represent myself without an Attorney? Or what my options are in reference to a court attorney?

The reason I want to fight this issue is because my son had only 2 weeks to go on his probation and he has really changed for the better. Now if this would have happened 11 months ago, I wouldn't be fighting for him because he was out of control. I feel that it was wrong for him to call this girl at inconvenient hours and he shouldn’t have called this girl’s mother a “Bitch.”

Normally, if he wasn’t on probation, he wouldn’t have been arrested; however, because of his past reputation with the Police and the fact that he is on probation, they arrested him.

Now if this situation would have happened 10 months ago, I would have gone for the extended probation; however, I have seen a huge change in my son in the past 3 months to where he is trying to stay out of trouble. This is a boy who uses to run away, he was constantly stoned and/or drunk on a continual basis, and his siblings were afraid of him because of his temper. He has quit smoking weed and drinking. He now is working out at the Gym to get ready for the High School Basketball team and he has spoken of his goals to go to UCLA College. I am not saying that he is perfect because he still has a long ways to go, but I think when you see a child trying to get their life in order, we must stand behind them and give them the “positive” reinforcement they need to achieve their goals.

I am writing this letter because I need Legal Counsel Advice as to what I need to do next. I am going to get the Police Report tomorrow to see what he was charged with and to see the girl’s mother statement.

If you can email me back ([email protected]) as to whether or not you can help me find a cheap lawyer and/or let me know if I can represent myself, I would appreciate it.

Thank you.

Mary Dugan
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