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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1804
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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My 21 yr. old son tried to kill me in Aug. We asked for him

Resolved Question:

My 21 yr. old son tried to kill me in Aug. We asked for him to get mental health treatment and not jail time. There has been a no contact order placed on me so we can't talk or see each other. I just found out that part of his plea bargain is a no contact with me for 3 yrs., counseling, and fines. The no contact has something to do with his dna before he could ever contact me within his 3 yrs. of probation. That is more devastating to me as his mother as I can't be there to help him. What does this dna testing have to do with the no contact?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
A no contact with the victim order would be a standard provision any prosecutor would seek in trying to arrive at a plea bargain of an attempted murder case, even if the victim is a family member. However, your comment suggests that he has not yet discussed this directly with you, despite your efforts to do so.

Be persistent with the Asst DA and make your desires known to him and, if necessary, to the judge. While the court could order no contact over your objection, it would be more reasonable to construct a controlled contact order of some kind (such as you have suggested) and most judges would be amenable to doing so.

I'm not sure what the dna aspect of the situation is unless they are simply saying that he cannot have contact until his dna has been obtained, recorded and placed into the state dna databank. Perhaps the no contact is intended only to be termporary until that is accomplished. Otherwise, it wouldn't seem to have any bearing on his contact with you, since you are his mother.
Customer: replied 8 years ago.
I have talked in person with the Asst. DA, wrote 2 letters to her and the Victim Advocate said they wouldn't accept it. What else can I do.
Expert:  Jim Reilly replied 8 years ago.
The reluctance of the Asst DA is understandable ... she does not want to end up in a position where she has agreed to contact between you and your son and he either tries again to kill you or worse yet succeeds.

However, in my opinion, the ultimate choice of whether or not to accept that risk is yours, not hers. Therefore, you should address your concerns to the judge. Do it in writing first, perhaps as part of the pre-sentencing probation report if one is prepared, or otherwise directly to the judge.

Then go to the courtroom on the day the plea is to be taken and ask to speak to the court on the issue. The judge is not required to allow you to speak with respect to an agreed plea bargain, but most will let you have your say as both the victim and the mother of the defendant.

If necessary, be respectful, but persistent. Most judges will appreciate both.
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