How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13438
Experience:  Experienced Licensed Attorney
26296561
Type Your Legal Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

Hello, I am very frustrated...my son was incarcerated in North

Resolved Question:

Hello, I am very frustrated...my son was incarcerated in North Dakota about a month ago. To this day he has not seen an attorney, but has been coerced to sign some papers. He goes to trial on May 7th 2013. I have called the Public Defender's office in Williston, ND and they initially answered the phone and a person by the name of Nancy told me he had not been yet assigned an attorney...and that was over 2 weeks ago. When I call now, they will not answer the phone or return my messages. Is it the law of the land that once you have been arraigned and formally charged you are appointed a lawyer...even it if you can not afford one. My son is naïve and he is being talked into things and not sure what it is. The corrections officers are rude and will not answer questions and keep him from communicating. We can not afford a regular lawyer as we have just dealt with a guardianship issue for the past 2 years. I just need to know if his rights have been violated by NOT being allowed to speak to a lawyer.
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

What was your son charged with?

How old is your son?

Have you spoken to your son by phone or tried to visit him in jail?
Customer: replied 1 year ago.


Hello....He was charged with GSI. He is 23 years old and not well educated.


I have spoken to him a couple times this week..he was able to get someone to let him use their "card" to call...but only for 3-6 mins at a time. He told me they will not allow people to call him or speak to him. He has not seen a lawyer but they made him sign something saying he would agree to a Felony A... He mentioned they are trying to give him 10 years,. The young lady was underage, but he was not privy as she said she was 19 and she has said as much.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Have you tried to visit your son in jail?
Customer: replied 1 year ago.

No sir...I live in California. I Pastor a church in Sacramento. ..anr one of the congregants brother lives there and he will try to go to court for me.

Customer: replied 1 year ago.


I can not visit him...I live in California. I am a Pastor and one of the members of the church has a brother who lives there...he has let me know that he will attend the trial. He has tried to communicate with him, but the Corrections Officers refuse to allow him visitors

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

I am sorry to hear about all the trouble that your son is in.

Basically, the US Constitution does guarantee a right to legal counsel / lawyer for a defendant who is charged with a crime which can result in a any type of jail / prison sentence and your son does have the right to request for a public defender to be appointed to him, if your son cannot afford a private local criminal defense attorney.

Unfortunately, it is your son that has to make the request and demand to have a public defender appointed to him and because your son is of legal age and is a competent adult, you would not have any standing to make such request for a public defender on his behalf.

The only thing that you could do is contact a local ND private criminal defense attorney and if you can afford the services of a private criminal defense attorney, then you would be able to retain such local attorney to represent your son.

Unfortunately, GSI with a minor is a strict liability offense, which does not require intent or knowledge of the age of the victim by the defendant and all that the state has to prove in order to convict your son, that the victim was a minor and your son did commit a sex act with the victim.

Unfortunately, your son has been charged with an extremely serious crime and the maximum penalty for such class A felony is up to 20 years in prison and a fine of up to $10,000 upon conviction.

I wish you and your son the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13438
Experience: Experienced Licensed Attorney
Alex J. Esq. and 13 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Alex J. Esq.
Alex J. Esq.
Lawyer
13438 Satisfied Customers
Experienced Licensed Attorney