Criminal Law Questions? Ask a Criminal Lawyer.
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You have provided a lot of information for me to work through. I'm going to start with the issues as I see them, please let me know if I overlook anything.
It seems your son may be in line for a change in attorneys. To begin with, it does not appear that the criminal matter is being properly addressed. Additionally, he may well have a case against the police department for the excessive use of force.
First, you should begin with your state bar association. The Texas State Bar has a website, it is located at http://www.texasbar.com/.
I do not know your county of residence but your county bar association likely has a similar site that will be more specific to your location.
Additionally, Martindale Hubbell is a national organization that rates attorneys across the country. Their website is located at http://www.martindale.com/.
Another nationwide website is located at http://www.avvo.com/. This site lists attorneys by geographic location and area of practice.
Additionally, there is quite likely a legal aid society in your area. A quick internet search and/or phone book search should locate the society closest to you.
Each of these resources will have a wealth of information as to attorneys in your area that handle such cases and that would provide services for free or at a reduced cost. I would suggest you check each site out and you will surely find a great number of attorneys that meet your needs. Pick a few to meet with in person so that you can thoroughly explain your situation and then retain the one that you feel can best represent your interests.
A note as to costs, an attorney taking on the police brutality case may very well take the case on a contingency fee basis, meaning he doesn't get paid unless your son gets paid. As such, you wouldn't need to worry about coming up with any fees to begin representation.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
I went back through the posts and, candidly, while you provided a lot of information, you didn't really ask a question. The closest thing to a question was "we need help and fast". I took this to mean you were seeking some legal guidance as to what could be done to assist your son.
To that end, I provided several resources to assist you in locating an appropriate attorney for your son and suggested a lawsuit based on police brutality.
If anything needs clarification, or you have another question, please let me know.
It sounds like finances are an issue. I mean no offense, and I apologize if I'm mistaken, but based on him having a court appointed attorney, I can only surmise that he is not a man of money.
If this is accurate, I would suggest that the police brutality issue may help him out tremendously. I provided some information above on locating an appropriate attorney. I also suggested that such a case would quite likely involve no fees. Instead, rather than costing money, such a case could make money for your son.
With that money, potentially he could afford a private attorney to handle the criminal matter as well. Further, he might be able to use the civil case as leverage to obtain a more favorable result in the criminal case.
All this in mind, I would urge you both to look into the police brutality case to see if it has merit. If so, it could go a long way towards improving your son's situation.
Please know that, as an attorney on a informational website, I couldn't possibly state whether or not a person might get convicted by a jury on a particular charge. For such a question, there are simply too many variables to possible take into consideration in this limited format. For example:
It's difficult enough to provide a solid recommendation to a personal client of mine, someone with whom I have worked with for the past year or two as their case progresses. Here, you've described the situation as best you can, we've had a few messages back and forth and I've attempted to educate myself about the case while educating you about how the law applies to that case.
Having said all that, it certainly seems that your son has some compelling issues. While he can be convicted of an assault involving a deadly weapon without the weapon being presented in court, it clearly creates an issue when the prosecutor can't present the weapon alleged to have been used.
Similarly, the phone calls seem to create an issue of credibility as well. These are things that the defense attorney should absolutely be made aware of. If you've already told him, then I assume he has investigated the matters. If not, then be sure to discuss this with him as soon as possible. If the investigation turns up any witnesses, the need to be disclosed to the prosecutor. Additionally, if those witnesses are compelling enough, the prosecutor might consider reducing the charges.
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