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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12908
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My son was charged with 1st degree facilitation to robbery

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My son was charged with 1st degree facilitation to robbery of pizza delivery driver because he dropped some buddy's off near where the pizza guys were and had some idea they were up to something. He was asked 4 days later by police to come to station for questioning. He went and they never read him miranda rights and got him to say he overheard there plan. Police then put him in jail that night. We got him attorney and the attorney had him take a plea of 2nd degree robbery. The orginal lawyer I thought was handling the case pretty good and then he had his partner take over who was handling me and my wifes divorce at the same time and he did not care for me that much. At sentencing the partner did not have much at all to say in defence of my son who has never been in trouble for anything. And on leaving the court he just looked at me to say oh well. Prior to the sentencing this lawyer could not be reached and all of sudden the day of the sentencing he shows up. My ex called him afterward on several occasions with no response regarding filing for shock probation. I called another law firm and they told me this guy was new to doing this and he probably did not know what he was doing. Do I have any recourse? My son is sitting in jail with a 5 year sentence. He had been on a ankle monitor for 7.5 months and served 7 days in jail prior to sentencing. And when he went before the judge the judge said 7 days wasn't enough and denied probation.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

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

Alex Esquire :

Are you online with me?

Customer:

Yes, Alex

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am very sorry to hear about your son's unfortunate situation.

Alex Esquire :

Did your son voluntarily take the plea deal?

Customer:

Yes. He took based on what his lawyer advised.

Alex Esquire :

Did the plea deal state what type of penalty prosecutor would seek?

Customer:

Yes, It stated 1st degree facilitation to robbery and he pleaded to 2nd degree robbery. I believe the first charge was due to the fact that one of the guys he dropped off hit the pizza guy when they took the pizza but my son was not present.

Alex Esquire :

What about recommended sentence?

Alex Esquire :

What sentence did prosecutor recommend to the judge at sentencing?

Customer:

Recommended sentencing 5years I believe. I think this was the minimum

Alex Esquire :

correct

Alex Esquire :

So the judge gave your son a recommended minimum, so if your son voluntarily took the please and only received minimum sentence for the criminal charge he pleaded guilty to, there would not be any reason for your son to pursue any claim for legal malpractice or ineffective assistance of counsel.

Alex Esquire :

Unfortunately, this type of criminal charge would not generally allow judge to sentence a defendant to a shock probation.

Customer:

In talking to another lawyer she told me that she would probably wait to parole which would be 5/23 and then file for shock if not paroled.

Alex Esquire :

I am very sorry for you son's difficult situation, but unfortunately generally there would not be many legal options that he can pursue at this point, aside from filing a petition for clemency from the governor.

Alex Esquire :

Which lawyer did you talk to?

Alex Esquire :

Is it a local lawyer?

Customer:

Bryant Law Firm. Yes it is local.

Alex Esquire :

Well, you can hire them to represent your son, but generally it is very rare for the judge to sentence someone to probation for a second degree robbery.

Alex Esquire :

I know this is difficult to digest, but it is the reality and I do have professional obligation to provide JustAnswer.com customers with correct answers.

Customer:

So, if probation is not an option. Should we just wait till see if he is paroled

Alex Esquire :

Also, it is much easier to make recommendations or for another lawyer to claim that they could achieve a better result, after the defendant has been sentenced and the case is over.

Alex Esquire :

Yes.

Alex Esquire :

Parole might be the next possibility to get your son out.

Alex Esquire :

Did this robbery involve and weapons?

Customer:

No weapons. My son is a 17year old in a 20year old body and he hung around some younger kids 17 and 18 who were the actual ones who committed the crime. They thought it was fun and games. My son chose the wrong night to give his friends a lift which he often did to get gas money.

Alex Esquire :

That is really tragic.

Alex Esquire :

Well, if there was no violence or at least no weapons involved, your son would have a better chance for the parole.

Alex Esquire :

Was anyone hurt in this robbery?

Customer:

No.

Alex Esquire :

that is good news.

Customer:

Yes, I guess it could be worse. But my son had just started a promising career in music. So, I don't know what to do at this point if he is paroled but still has felony charge on his record about getting his life back on track.

Alex Esquire :

Well. It is a tough situation.

Alex Esquire :

There won't be much that can be done until your son completes his parole and probation.

Alex Esquire :

I mean not much as far as obtaining any relief from the felony conviction.

Customer:

Are there any avenues that one can pursue to put him in a better position when it comes to jobs or college. He had been attending but stopped due to this matter.

Alex Esquire :

Well, once your son completes his sentence and keeps out of trouble for a few years, he will be able to file Petition for Pardon with the Governor's office and if granted, such full pardon would provide relief to your son from any civil disabilities due to the felony conviction.

Customer:

Ok. I appreciate your help in this matter. Thank for your time.

Alex Esquire :

I wish you the best of luck. Thank you and please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12908
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 4 other Criminal Law Specialists are ready to help you
Expert:  Alex J. Esq. replied 1 year ago.
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Expert:  Alex J. Esq. replied 1 year ago.
I wish you the best of luck. Thank you and please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

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