What is the name of your state (only U.S. law)? Nevada
My 17yr.old son and friends went to party in July, 2009. They encountered 2 other kids that started a fight with my son's stepbrother and he and another friend broke the fight up. The bad boys who started the fight whipped out a knife on the stepbrother and knocked him in the head. In the meantime my son and his friend went to break the fight up and after that these "bad boys" threatened my son and friend "You are dead tomorrow" and threated him wtih a gun in the car (although didn't see it) and had a 4" knife on him. Well, my son and his friend tried to walk away from these "bad" boys and these guys threated to run them over with their car. Well out of a reaction to all this my son took a rock and thru in at the passenger side window and hit the driver on the right hand side. Not staying around to see what damaged happened my son and friend took off and ran. The Henderson police showed up due to a distrubance in the area and found the aftermath of the the kid being hurt. I was told he is 19 years old and has nerve damage to his face due to this incident.
Well, the kid in the passenger side of the vehicle identified my son's friend of him throwing the rock out of a DL picture due to his car being left behind at the party. They arrested his friend and he didn't rat out my son for the incident, thinking there was no case. Well we went to give a statement at the time when we went the juvinelle court and was turned away until the hearing which happened today. In the meantime, my son didn't give a statement on the advise of several attorneys saying to wait until the court date.
We hired an actual attorney and he told my son to on the advise of counsel I am invoking my 5th amendment rights privlege due to self-criminaton. He did this with his attorney at his side when we went to trial today. The attorney advised us this would be better at saying this than which admitted no guilt. The DA had the two bad kids in the court room and not really knowing what they said probably lied thru the whole thing since we were not able to sit in the courtroom. In the meantime, his friend after having a statement made my stepson stated what happened and saying his stepbrother thru the rock the DA didn't take that into consideration. Therefore, I feel that my son may have been advised wrongly. The outcome is his friend was wrongfully accused for a felony charge and is required before sentencing to stay in his house for 3 mos. before sentencing.
My question is: Although my son didn't come forward on the stand, can he write a letter to the judge that he was advised wrongfully and admit he did it? What repercussions does he have. Will he be accuse worse since he didn't give his statement? Are we going to have to pay restituion to both families due to this happening. I am awfully sick about the whole thing and feel I made a terrible judgement call on this. I for one do not have this type of money lying around to go thru this .
Please note, neither my son or his friend have any criminal records. They are both 17 yrs old and no way a threat to society. Just a stupid thing teens do when backed into a wall.
Any help sent my way would be greatly appreciated.
Thank you.What is the name of your state (only U.S. law)?
My 17yr.old son and friends went to party in July, 2009. They encountered 2 other kids that started a fight with my son's stepbrother and he and another friend broke the fight up. The bad boys who started the fight whipped out a knife on the stepbrother and knocked him in the head. In the meantime my son and his friend went to break the fight up and after that these "bad boys" threatened my son and friend "You are dead tomorrow" and threated him wtih a gun in the car (although didn't see it) and had a 4" knife on him. Well, my son and his friend tried to walk away from these "bad" boys and these guys threated to run them over with their car. Well out of a reaction to all this my son took a rock and thru in at the passenger side window and hit the driver on the right hand side. Not staying around to see what damaged happened my son and friend took off and ran. The Henderson police showed up due to a distrubance in the area and found the aftermath of the the kid being hurt. I was told he is 19 years old and has nerve damage to his face due to this incident.
Well, the kid in the passenger side of the vehicle identified my son's friend of him throwing the rock out of a DL picture due to his car being left behind at the party. They arrested his friend and he didn't rat out my son for the incident, thinking there was no case. Well we went to give a statement at the time when we went the juvinelle court and was turned away until the hearing which happened today. In the meantime, my son didn't give a statement on the advise of several attorneys saying to wait until the court date.
We hired an actual attorney and he told my son to on the advise of counsel I am invoking my 5th amendment rights privlege due to self-criminaton. He did this with his attorney at his side when we went to trial today. The attorney advised us this would be better at saying this than which admitted no guilt. The DA had the two bad kids in the court room and not really knowing what they said probably lied thru the whole thing since we were not able to sit in the courtroom. In the meantime, his friend after having a statement made my stepson stated what happened and saying his stepbrother thru the rock the DA didn't take that into consideration. Therefore, I feel that my son may have been advised wrongly. The outcome is his friend was wrongfully accused for a felony charge and is required before sentencing to stay in his house for 3 mos. before sentencing.
My question is: Although my son didn't come forward on the stand, can he write a letter to the judge that he was advised wrongfully and admit he did it? What repercussions does he have. Will he be accuse worse since he didn't give his statement? Are we going to have to pay restituion to both families due to this happening. I am awfully sick about the whole thing and feel I made a terrible judgement call on this. I for one do not have this type of money lying around to go thru this .
Please note, neither my son or his friend have any criminal records. They are both 17 yrs old and no way a threat to society. Just a stupid thing teens do when backed into a wall.
Any help sent my way would be greatly appreciated.
Thank you.What is the name of your state (only U.S. law)?