Disorderly conduct - Should we obtain a laywer?

[nkgett]

What is the name of your state (only U.S. law)? Texas

In January, my 15-yr old son intervened in a dispute between a girl (we later found out it was supposed to be his girlfriend) and a boy in which the boy was attempting to hit the girl. My son held the boy against a wall telling him "he is not supposed to hit a girl". The boy swung at my son and my son began fighting him. This occurred during class time and my son was given a ticket by the school district's police department for disorderly conduct - affraying. My son was suspended for 3 days. We thought this was fair as we believed that our son created a disturbance in the classroom. We thought this was over until we later received a letter in the mail stating that he is to appear in Harris County court in February to declare his innocence or guilt. It was suggested by school authorities that he should declare not guilty so he would not have a record, which is what we did. He now has a trial date for May 12th for a hearing by a judge. We did not think it would be a big deal since we were told the worst we be that our son would be given probation. Against my better judgment, we have not retained a lawyer. We (my husband and I) just received a subpoenas by the Asst District Attorney as a witness against our son. Can we deny to speak against our son? Should we get an attorney as this may be more serious than anticipated? Any insight would be greatly appreciated.

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas

In January, my 15-yr old son intervened in a dispute between a girl (we later found out it was supposed to be his girlfriend) and a boy in which the boy was attempting to hit the girl. My son held the boy against a wall telling him "he is not supposed to hit a girl". The boy swung at my son and my son began fighting him. This occurred during class time and my son was given a ticket by the school district's police department for disorderly conduct - affraying. My son was suspended for 3 days. We thought this was fair as we believed that our son created a disturbance in the classroom. We thought this was over until we later received a letter in the mail stating that he is to appear in Harris County court in February to declare his innocence or guilt. It was suggested by school authorities that he should declare not guilty so he would not have a record, which is what we did. He now has a trial date for May 12th for a hearing by a judge. We did not think it would be a big deal since we were told the worst we be that our son would be given probation. Against my better judgment, we have not retained a lawyer. We (my husband and I) just received a subpoenas by the Asst District Attorney as a witness against our son. Can we deny to speak against our son? Should we get an attorney as this may be more serious than anticipated? Any insight would be greatly appreciated.

Definitely get counsel.

 

[cbg]

General rule of thumb for criminal cases: If the question runs through your mind, I wonder if I need a lawyer for this, the answer is Yes.

 

[Mass_Shyster]

Here's why I agree with the other posters recommending getting a lawyer:

I see no reason why the DA would ask you to testify. You were not at the school, so did not see the indicent in question. I believe any testimony that you would give would be inadmissible as hearsay.

but....

I believe your son would have to object to the testimony being given. You would be on the stand and have no grounds to refuse to testify. There would be no self-incrimination, nor would there be privilege.

I don't know if the judge can object, or if that is up to the defendant (through his attorney). I don't know the proper way to raise an objection. If the objection is not properly raised, it may be overruled.

In short, get a lawyer.

 

[Ohiogal]

Here's why I agree with the other posters recommending getting a lawyer:

I see no reason why the DA would ask you to testify. You were not at the school, so did not see the indicent in question. I believe any testimony that you would give would be inadmissible as hearsay.but....

I believe your son would have to object to the testimony being given. You would be on the stand and have no grounds to refuse to testify. There would be no self-incrimination, nor would there be privilege.

I don't know if the judge can object, or if that is up to the defendant (through his attorney). I don't know the proper way to raise an objection. If the objection is not properly raised, it may be overruled.

In short, get a lawyer.

Here is the issue -- anything their child told them is considered an admission by a party opponent or a statement against interest and would be admissible as a hearsay exception. There is also not normally a parent-child privilege. They need an attorney for their son.

 

[HomeGuru]

I am sure that there is much more to this story so the sooner the better in getting an attorney.