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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23202
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have son who has been in jail for 11 months now and still

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I have son who has been in jail for 11 months now and still awaiting trial supposedly. He was arrested for being HIV+ and not disclosing that information to a married man he had unprotected sex with. His lawyer I believe does not know how to defend him. His face was all over the news and newspaper that he had unprotected sex with almost 80 people which we later found out was not true. His lawyer does not believe anything my son has told him. My son is kept from population and is kept locked up 24/7...he does get out to shower and make phone calls sometimes. My son has given me two letters that lead up to the alleged allegations and has given them also to his lawyer, but his lawyer does not believe him. I have always said that my son was not represented right in the first place, he asked for a lawyer, but the lawyer he was assigned was out of town and he was told to go on tv so that others could come forward and be tested. My husband and I have always contended that my son is slow and does not understand a lot of things and feel he was taken advantage of because of that. We cannot afford a lawyer, but yet I don't think that any lawyer would want to take this case. My son had two other lawyers before this one because of conflict of interest. So, now he has a conflict of interest lawyer defending him....yeah, right. My son wanted to plea but the prosecutor will not budge. He had one charge against him and a second person came forward so now the prosecution has two charges. My husband and I got affidaivits proving that the second charge was a bogus charge, but the prosecution does not want to drop the second charge. My son wanted to pleas like I said and the prosecution said "no." He plead again, this time attempted assault, but prosecution wants to sent him up the river for 26 years. I have been trying to get my son's lawyer to pressure the prosecution to prove that he is indeed HIV+....from what I hear on the internet there is a lot of controversary on the tests that are being used these days. So, I really don't have a question I am just venting. Wanting someone to hear my plea. My son has never been in trouble before ever and yes, he made a mistake, but everyone deserves a second chance.

I am sorry to hear of your son's troubles, and I know that this must cause you and your family a great deal of pain. Unfortunately, there isn't much that another lawyer is going to be able to do, just because of the way our system works.

That is, a prosecutor has full control to decide which cases he wishes to go forward with and in what way. He is not compelled to offer an attractive deal, just because our country allows for plea bargains. If he isn't willing to reduce the charge for the purpose of a plea he won't. When prosecutors feel their case is strong enough and/or that the charges are serious enough they say, "No offer. Get the deal from the judge, or let's try the case." That's what's happening here. If your son really wants a plea, he can get one from the judge.

Unlike the prosecutor, however, a judge doesn't have the power to reduce the charges to make a deal. Only the prosecutor can do that. So although your son wants a plea, he will have to see whether the judge would give him whatever the minimum would be on a plea to the docket and weigh that offer against what his lawyer tells him he would likely be looking at if he loses at trial and is convicted of the top count.

In short, although I wish I could say otherwise, if your son really wants to go to trial, then the quality of the lawyer could make a big difference in the outcome of this kind of case. But as what he wants is to avoid trial and to get the best plea he possibly can, the role of the lawyer here is primarily to drag the case out for as long as possible and hope the prosecutor gets busy enough with something more interesting to him that he will ultimately agree to a reduction of charges.

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your Atate for specific legal advice.

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