criminal mischief

[deblack]

What is the name of your state? Texas
My son last year whom was 19 at the time and suffers from mental illness and drug addiction (has been in mental hospital 2 times)busted out a car window and the state filed charges on him,7 months later he was indicted for it. i hired him and attorney (whom was going to go in have the courts to evaluate him.........) well finally in nov. it came up and the attorney persuaded him that he had to plea bargain that was the only choice he had! i was furious, so he did in the plea he aggreed to restitution, fine, 5 years probation, community service and court cost. on the day of the sentencing his attorney did not even show up that morning. 2 days before he went before the judge he banged his head up against the concrete (this is on no drugs) he was all black and blue and the judge did not believe him with he told him he got in a fight with himself (i saw all this) he has told the truth through out all of this, i was furious when the judge laughted it off! the judge knows from paper work that he has mental problems and is schizophrenia! anyway he agreed to everything he stayed on probation done really good for 2 weeks and then we had what i call another crisis and they took him to jail and filed more charges on him. the officer at the jail told me "they all know he has mental problems but, they are tired of messing with him" now i am furious again. then they court appoint him the same attorney i had hired the first time who is not even in rotation in this county. i want to turn the judge and attorney in but, we are still having to deal with this would it be wise anyone have any suggestions or answers to where this is going. i have been so stressed my son trys really hard but, things just are not like he would like them to be, he wants to be normal. it has been really hard on us all the past 2 years. the charges are both felonies.

 

[seniorjudge]

If he violates his probation, that shows that he intends not to be co-operative.

If you have any documentation from doctors about his mental state, what did the probation officer say when you showed him those papers?

What did the lawyer say?

 

[deblack]

it violated his probation when my son went to jail this past time because of our crisis!other than that he was doing really good with his community service ,looking for a job and all.
my son had no papers on his mental condition the judge just ask him during the plea if he had ever been treated for mental illness my son told him yes for a couple of years and that he had been in the mental hospital 2 times.
by the way this was a state jail felony. and it was a defferred adjudication! his attorney seems to be ignoring the fact of my son's mental problems. i try to tell the attorney my son cannot find a job(he has looked very hard we live in a very small community,nearest big town is 20 miles) because i take my son every where he goes my son can't be on probation cause we have a crisis at least once a month(that would break my son's probation).
this past time in july when my son came home after being in the mental hospital 10 days we got home about 5 and 8:30 he had a crisis he went down the road and beat himself up(this is on their meds not street drugs)his eyes were black for a week.
if he takes his meds he can not fuction well on them as for as holding a job and they really don't do any good that is why my son is not consistent with them and they keep putting him on the same meds instead of trying something different.
but, this attorney just seems to want this out of the way it was some quick easy money for him.even though in the beginning he told us my son would go to court and the attorney would first order an evaluation to see just what kind of mental condition my son is in, try and get him sent to rusk mental hospital.then in the end the attorney is telling my son that he has not choice but to plea bargain!that my son does not want to go to rusk they will strap him down... it is 3 times worse than kerrville hosp. he persuaded my son to plea bargain and my son did not want to! he wanted to go before a jury.
the reason why i say I would like to file a complaint even though my son is of age i am the one that hired the attorney (reciept shows my name for ----paid$$$$) i know why they court appointed my son this same attorney is because i am sure they know what this attorney is going to do for my son if the attorney even shows up.
Problem my son agreed to it all he does not know he doesn't have to agree to an attorney setting in at the last minute my son has no legal knowledge at all, i really don't think my son understands alot of what the judge told him. which this is all new to me too! i've never had to deal with the laws!
i just feel like the judge did not take his mental condition in consideration. i feel like my son needs to be held responsible but, the things they expect from him are way over his head plus my son does not even have a vehicle (i have to take him every where he goes and we live 6 miles down a dirt road) thats a lot of trips for me.
my son is someone you don't dare leave alone, may not have a house when you get back.i am with him almost 24/7
appreciate your response and have enjoyed reading your responses to other people too! sorry about the way i write maybe this one will be a little better am sure the story is hard to understand for someone else. theres just been so much happened i was trying to make a long story short maybe this will help you out a little better. thanks

 

[seniorjudge]

Would you please re-write that leaving out the pronouns and saying my son, or the judge, or whatever?

And then hit your enter key at the end of every paragraph.

I promise you that I will read it.

I think you MAY have a valid complaint.

Help me out...okay?

 

[deblack]

senior judge

i just wanted to add something that really made me furious the day my son went for his sentencing. there was a lady with a well know high dollar attorney that went up before my son. the judge that i could hear never said the nature of her crime, the judge told her what she did could cost her 10 years in prison and whatever she done effected 20 different people he only gave her 60 days in jail and she could do it on the weekend!!
here my son broke a side window out of a car did not do it to steal anything or gain anything by it (pcyhotic episode)and he got all this. she effected 20 people and got a slap on the hand.
there were 2 other people that tried to plea bargain with the judge that day too and he would not even accept it! must have been a bad day for the judge or something.
i just don't feel like any of it was right! the judge was so screwed up i ordered a transcript of it all. it was like the judge was in left field. after my son left the court room the judge ask if he told him community service the D.A said "he didn't know" the probation officer said" she didn't know either" i am like hello!! LOL

 

[seniorjudge]

Let's concentrate on your son, okay?

What was his sentence?

From what I can glean from your post, he was put on probation with some community service. Is that correct?

 

[deblack]

it was a felony criminal mischief ( damages over $1500) state jail felony. his attorney MADE him plea bargain he got......
his sentence was 5 years probation, $2605. restitution, $1000. fine, $198 court cost, 160 hours community service, $40 per month probation fee, $20. counsling fee, $5 per month for urinalisys, 15 days in jail!
this is the first time my son has ever been in trouble with the laws or any kind of trouble for that matter.

 

[seniorjudge]

A lawyer can not make someone take a plea bargain.

The judge (not the lawyer) asks the person in open court if the plea is voluntary. If the defendant says it is voluntary, then the court assumes that the defendant is not lying.

The sentence you are telling me about sounds pretty lenient to me.

What exactly is the problem?