Criminal Law Questions? Ask a Criminal Lawyer.
Defendant per Booking #2782602, Orange County, CA : xxxxxx xxxxxx Dear Sir / Madam; I am the father of the defendant, xxxxx . xxxxxx, per the above ref: booking number. My son's case has been deliberately postponed, rescheduled, etc, over 3 times now..wholly due to the lack of any credible evidence by the DA's Office, on what appears to be unsubstantiated claims by the plaintiff [xxxxxx?, ]his jilted ex-girl friend. This has put my son in a very dangerous situation and is now raising some concerns to his mental as well as physical safety due to the PTSD my son is suffering from as a condition from his return from active duty in Iraq for 3 years. xxxxx has an honorable discharge gained in 2007 and ever since then his mother and I have been attempting to get him into the VA's Rehab Program for PTSD. His incarceration is going beyond what is reasonable and morally expected or even required and I am asking for the proper action to be taken immediately before we have a worse issue on our hands.. My son has explained to me that he has learned that he never will return to the OC jail or cause any reason to be considered and he is truly sorry for any problems that may have been caused by his condition. I believe him and I also believe that the death of xxxxxx father recently has caused her to act out in a way that was irresponsible and is at the core of this matter.. I hope to hear back from you on this as time is of the essence.. Thank you ahead of time. Respectfully, xxxxxxxxxxxxx
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
I read your facts and I am extremely experienced in criminal law. However, I am not sure what your are asking. Is there a specific question I can assist you with?
The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.
My question is simple:
My son was arrested on claims that he was stalking, domestic violence, and resisting arrest. The DA stated in the arraignment that he was pulling together the evidence and asked that my son be reprimanded to jail until the hearing. The DA has continued to delay, 3 times, due to no evidence and that he was still trying to collect it and it has been 30 days now since my son is still incarcerated and he suffers from PTSD from his time in the military/IRAQ war. The perosn who brought this charge against my son is a jilted ex-girl friend, who is on prescription psychosis drug treatments who's father just died and has kidney dialysis regularly. She thinks my son promised her his kidney before he broke up with her. She has a well recorded history.So, given this overview of where we are at on this matter, I want to get him out of jail, have the hearing done and over, and of course win the case and expunge his records when we're done and through with this mess.
I understand your facts, what is your specific question?
What action can I take to get my son's hearing conducted immediately and have the best chance to reduce or eliminate all charges????
Hire an attorney and direct them to file a Motion for Speedy Trial. No time limits start until a demand for a speedy trial is filed.
There is no "best way" to get the charges reduced or eliminated other than getting the case ready for trial. Very, very, very few cases are dismissed other than by a plea bargain although for some reason people think it happens a lot. I've been involved in close to a thousand criminal cases across the US and have seen less than 5 outright dismissed and those were all because they were old and witnesses had disappeared.
Pushing for a trial is likely to get a trial, not likely to get the case dismissed unless they are just not ready for trial and if so then they can dismiss and refile later. However, if you son isn't guilty then the trial is the fastest way to clear his name.
In addition, you are not allowed to actually do anything in the case other than hire another lawyer for your son. You contacting the courts, PD, or anyone else will do nothing to assist since you have no rights or powers as you are not a part of the case. The problem with the PDs office is that, while they are free, they are also overloaded with work and the older cases take precedent over the newer cases.
I realize that this may not be what you would prefer to hear but I have a huge amount of experience in criminal law and jury trials and know what works and doesn't work.
Where are you located and what is your phone so I may consider hiring you as the attorney...
I am usually in Texas but I'm out of state right now. However, no expert on here is allowed to take cases that originate on here. It's part of the agreement we sign and it is done to be sure that the customer gets a complete and truthful answer and not just one that is designed to get the expert hired.
You can find a lawyer at www.lawyers.com though. Just look for one who does Criminal Law and you can also search by the location.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
And feel free to ask any additional questions you have.
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