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Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24869
Experience:  20 years trial experience in defense of criminal cases
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my son who is 15 was at a birthday party while there an 18

Customer Question

my son who is 15 was at a birthday party while there an 18 yr sucker punched him knocking out 2 of his upper right front teeth. the states attorney has the statements of my son and 2 other boys along with the statements of the 18 yr old and his father. who have admitted that the 18 yr old did punch my son. i faxed in names of others that were at this party so they could investigate. the states attorney would not return my calls for 2 1/2 weeks so i went to the sherriff to see if he could help. he said it was in the states attorneys hands and to make an appointment with the states atty. i called to make the appt the secretary said they didn't make appts. but took my name and number. within 20 min the states atty. called and told me the only way they could get the 18 yr old for battery is if my son gave all the names of the kids that were there underage drinking so they could be charged with under age consumption. i don't know what to do and we have to be at states atty in the morning.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Pro replied 8 years ago.

I don't believe that you have to comply with their request OR just say your son didn't know everyone nor knew if they were underage drinking liquor. If that's not "blackmail" I don't know what is!!!! Obviously, they can't press charges against the kids unless your son would testify against them. Moreover, why can't they get the names of the alleged underage drinkers from the 18 year old?

 

What really does one issue have to do with the other. That kid assualted and battered your son and caused serious injury!

 

I would file a private criminal complaint against the 18 year old and if they don't take the private criminal complaint appeal that decision up to the next court. That 18 year old is liable to your son for all his damages.

 

You can also file a civil complaint against the 18 year old and keep the criminal courts out of the whole thing - your option - tell the DA where to go.

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Customer: replied 8 years ago.
thank you that was what i thought . cause i surely don't want to put my son or my family in danger by giving the names and with no proof but by my sons word,they are threatening so that i will drop the charges. but that is not justifisble what this 18 yr old did.and he shouldn't get off with no charges criminal or civil.
Expert:  Law Pro replied 8 years ago.

Exactly - it stinks!

 

I hate these cop shows and legal shows on TV - they make you believe that they are so "righteous" or when they do operate outside the law - that they are doing so because of their high moral and ethical standards. That's not the reality of what really is going on.

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