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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I need help for my son. He is in alot of trouble but not of

Customer Question

I need help for my son. He is in alot of trouble but not of his doing... it all started back in Rockport, Tx when he was riding around with some friends that had just commited a couple of robberies but he did not know that at the time. Well, when they got stopped and got arrested, my son tried to tell them that but they would not listen. Well, once we got a court appointed lawyer, she said that he had nothing to worry about but when I started to try to explain things to my son she got mad and said that she did not have to let me stay in there and my son said he wanted me there.. she said she would make sure he got convicted... well, they gave him a plea bargain, she told him to take the plea or he would be in prison for a long time. Well, we did and then the fun began... well, my son got involved with some really bad people including some bad cops. Well, when he decided to turn them in due to them treating him and me.. Well, they had him jailed every chance they got. Well, once he finally got out this spring to do his probation everything was going fine until his old friends found him. Well, when he did not want to do the kind of things they wanted they got mad but who cared right? Well, they did what they wanted and dumped a gun behind my truck. The next morning we found it and turned it into the police. Well when they got caught they blamed my son. Well, he was with me so no problem right... no they still issued a warrant... Next his probation officer from Rockport, Tx called him and said that he did an MTR on him and if he did not turn himself in and he had to come to my house and get him that he would arrest me too. Well, my son did not want me getting hurt due to my health so he agreed to be picked up.. we just did not know that he did not really have a warrant.. The probation officer was one of the dirty cops..Well, when I could not find my son, me and his fiance started calling everyone that we knew that knew him. Well, we finally found someone that said they knew where he was but they really didn't. It was one of his old girlfriends. When she asked who was talking with me and we said his fiance, she went off... She got very ugly with us and finally said she was going to say that he shot at her and we would never see him again. Well, she did and when we did get hold of him, he was shocked she had done such a thing. Well, when the police found him at my dad's house in Rockport, Tx. The got him into handcuffs and then started to beat him and beat him until he went into seizures. We have witnesses to this too and an ambulance bill. Now they are trying to convict him on all this and they added a felon in possession of a firearm and failure to identify after he was already in custody for a week. His court appointed lawyer said he will only deal with the aggrevated assault with a deadly weapon because that is all he is being paid for and good luck with the rest even though he said most of this they can not do but after talking with he Rockport PO, he is not returning calls or see my son in jail... there has been no contact.. we need help and fast.. he has his second hearing in a bit over a week in Corpus Christi, Tx he just had his arraignment last wed. I have no money and thanks to them neither does he now...
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 3 years ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX X will be glad to help you.

Alex Esquire :

Are you online with me?

Expert:  Alex J. Esq. replied 3 years ago.
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Expert:  Alex J. Esq. replied 3 years ago.
Please understand that experts on this site can not enter into attorney-client relationship.

If you feel that you have an emergency or need urgent legal advice, please consult with a local criminal attorney as we can only provide you with general legal information and not a legal advice.

If you understand and agree with the terms of our site, then we can continue.

Customer: replied 3 years ago.
I had computer issues last night but I am online now.
Expert:  Alex J. Esq. replied 3 years ago.
Can you please answer my information request above. Thanks.
Customer: replied 3 years ago.
I dont know what you asked.. I am online now what do you want to know?
Expert:  Alex J. Esq. replied 3 years ago.
If you feel that you have an emergency or need urgent legal advice, please consult with a local criminal attorney as we can only provide you with general legal information and not a legal advice.

If you understand and agree with the terms of our site, then we can continue.

Please type in if you agree or not. Thank you.
Customer: replied 3 years ago.
ok I am not sure why you keep asking me to answer your question because I am not sure that you asked one. Do you mean me understanding that you are not going to be my attorney.. yes I understand that. Now are you going to answer anything about my original question?
Expert:  Alex J. Esq. replied 3 years ago.
I am going to opt out of the question and let another expert answer it. Thank you for using JustAnswer.com.
Customer: replied 3 years ago.
I need help for my son. He is in alot of trouble but not of his doing... it all started back in Rockport, Tx when he was riding around with some friends that had just commited a couple of robberies but he did not know that at the time. Well, when they got stopped and got arrested, my son tried to tell them that but they would not listen. Well, once we got a court appointed lawyer, she said that he had nothing to worry about but when I started to try to explain things to my son she got mad and said that she did not have to let me stay in there and my son said he wanted me there.. she said she would make sure he got convicted... well, they gave him a plea bargain, she told him to take the plea or he would be in prison for a long time. Well, we did and then the fun began... well, my son got involved with some really bad people including some bad cops. Well, when he decided to turn them in due to them treating him and me.. Well, they had him jailed every chance they got. Well, once he finally got out this spring to do his probation everything was going fine until his old friends found him. Well, when he did not want to do the kind of things they wanted they got mad but who cared right? Well, they did what they wanted and dumped a gun behind my truck. The next morning we found it and turned it into the police. Well when they got caught they blamed my son. Well, he was with me so no problem right... no they still issued a warrant... Next his probation officer from Rockport, Tx called him and said that he did an MTR on him and if he did not turn himself in and he had to come to my house and get him that he would arrest me too. Well, my son did not want me getting hurt due to my health so he agreed to be picked up.. we just did not know that he did not really have a warrant.. The probation officer was one of the dirty cops..Well, when I could not find my son, me and his fiance started calling everyone that we knew that knew him. Well, we finally found someone that said they knew where he was but they really didn't. It was one of his old girlfriends. When she asked who was talking with me and we said his fiance, she went off... She got very ugly with us and finally said she was going to say that he shot at her and we would never see him again. Well, she did and when we did get hold of him, he was shocked she had done such a thing. Well, when the police found him at my dad's house in Rockport, Tx. The got him into handcuffs and then started to beat him and beat him until he went into seizures. We have witnesses to this too and an ambulance bill. Now they are trying to convict him on all this and they added a felon in possession of a firearm and failure to identify after he was already in custody for a week. His court appointed lawyer said he will only deal with the aggrevated assault with a deadly weapon because that is all he is being paid for and good luck with the rest even though he said most of this they can not do but after talking with he Rockport PO, he is not returning calls or see my son in jail... there has been no contact.. we need help and fast.. he has his second hearing in a bit over a week in Corpus Christi, Tx he just had his arraignment last wed. I have no money and thanks to them neither does he now...

 

Optional Information:
State/Country relating to Question: Texas

Customer: replied 3 years ago.
Relist: Other.
never answered
Expert:  Joseph replied 3 years ago.

It looks like your relisted question has been sitting around now for nearly a full day. Are you still seeking assistance in this matter? If so, please let me know.

 

Thank you.

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 3 years ago.
yes i do still need assistance.
Expert:  Joseph replied 3 years ago.

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.

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 3 years ago.
Ok, I kinda thought that about the police brutality thing. As of right now this is what has happened since I first posted. His attorney finally called me and said that the police are now saying that my son was wearing different close than what they were reporting on tv and in the paper. Now they are saying that they have pictures of him going into a store wearing these different close but he was wearing something totally different when they arrested him. He did not have a bag or anywhere to go and get change of close. But the attoney is now saying that he is going to complain to the judge that the prosecution is not releasing all of the discovery. He said that they did not give us the pictures and an additional 15 pages.. They are also saying that now a cop is stating that he talked to my son outside the store and he gave him a different name and then ran from 15 cops that were close enough to identify him but could not catch him yet only one cop gave his name and a statement. Which it is funny that the close and the false name sounds just like a complaint my son was picked up on in his home town and was later dropped.. Name and close are identical to that case from 3-4 years ago. There is even a cop up here that lives in a neighboring county that pulled my son's records just because he is now common law married to his daughter and has called people listed in reports on my son's record. He has called down to the county that my son is being held in and spoken with the police down there as well.

Anyway, I do appreciate the websites but you really did not answer anything or did I not understand something?
Expert:  Joseph replied 3 years ago.

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.

 

 

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.

Customer: replied 3 years ago.
Well, basically, I guess I am just asking if this were your case, how or what would you do or recommend be done to help my son?
Expert:  Joseph replied 3 years ago.

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.

 

 

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.

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 3 years ago.
Ok, can they convict or do you think they will convict him on aggreviated assault with a deadly weapon if they do not have a weapon? They just have the statements of an old ex-girlfriend and some of her friends, they said they found a bullet but no casing and just this wack jobs statement. Just so happens that my son's fiance and I were on the phone while all this was going on. They were telling us that it was my son that they were talking to and that we heard but we did not hear him, we heard a male voice with a hispanic accent. My son does not have a hispanic accent. Just before all this started with us being on the phone with them and all, a guy called me from their phone and stated that he was calling me because they had told him I was looking for him. I asked him who he was and he said his name was the same as my son's. I told him he was not my son ( or that he was not who he was saying he was). Well, he then said that he was who I was asking for. I said he was not my son and then asked if he had a girlfriend. This is when he said that his whole name was something different but his friends called him by the same name as my son. I asked if knew my son and he said no but he knew the girls that I had been talking to. He said that he had been there most of the day and he had not seen him. I thanked him and hung up. It was only seconds when we received a text from the ex-girlfriend from the same phone asking who the girl was that was on the phone with me. Next thing I know they are screaming that my son was her's and that we would not see him again. I asked where he was and she said that he was right there with her. But the only person there with my son's name was they guy that had an accent. Then she started asking tthis guy if he wanted to be with her or the girl that was with me. he said "Neither one." Next thing we know the guy that was there is going outside and the ex is following him out pulling on his clothes. He is telling her to keep off him and she is screaming where are you going? Then the girl holding the phone states, " I have to go, I am going to call the police and say that he shot at her!" As I was trying to tell her she better not tell the police something like that when it is not true or she will be the one going to jail, but she hung up on me. There were some text and calls back and forth for about an hour after that. The next day I saw a news broadcast stating that my son was being hunted by all these different police dept. and was considered armed and dangerous.
What do you think?
Expert:  Joseph replied 3 years ago.

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 would be impossible to thoroughly, adequately discuss all the evidence
  • I do not know the judge
  • I do not know the prosecutor
  • I certainly can't know the citizens making up the jury pool

 

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.

 

 

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.

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

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