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johngibson15219, DUI Lawyer
Category: Criminal Law
Satisfied Customers: 159
Experience:  Admitted to Pennsylvania Bar October 1980.
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Who can I contact if I feel a matter was handled wrong by a

Customer Question

Who can I contact if I feel a matter was handled wrong by a local sherrif's department and is still open with no answers since January by the County attorney stalling until I feel after the County election because I want to take the matter to jury trial?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  johngibson15219 replied 9 years ago.
Please provide the name of your State.
Customer: replied 9 years ago.

In late January there was an underage drinking party held at my exhusbands house where my oldest son, at the time 18 lived (dad works out of town) and my youngest son (17 at time) was at that evening. The party was called in anonymously to the sherrifs dept by a "high school girl" according to my son's probation officer. When I arrived there were reported in excess of 28 people who were in attendence - 8 of which did not run and received MIC or MIP tickets - all of those were on previous probation of some sort of had previous MIPs. All who ran or left their cars there had their parents called - come came back, some didn't but none got tickets as we were told they would. My oldest son spent a week in jail for a probation violation and my youngest son went to juvenile detention for 2 weeks for curfew vioation. Their actual court date came up in June for the MICs - my oldest son lost his license for 60 days beginning Aug when he got out of college and nothing more - time served for his week in jail. My original intent - no matter what because of how the whole thing was handled was to go to jury trial to expose how the sheriff's dept let all girls-including a county commissioner's daughter go with no punishment after being around alcohol - and it was clear alcohol was present - but only charge 2 boys in the end. The county attorney came to me with the following: if my youngest son pled guilty he would not lose his drivers license at all, no fine no anything or we would go up to county court and risk him getting tried as an adult where he could get 6 months jail - which of course I would take my get out of jail free card. They just said they would need some time to write it up all legally since he was 17 - it was an age issue---see they weren't just throwing it out they were making a special deal. I never heard anything back - several weeks ago I called my attorney, asked if he has ever heard anything on it - I never get an answer - I went by the judges office - in the middle of his desk are my boys folders. He immediately starts apologizing to me about how this has slipped through the cracks. Suddenly no one remembers exactly where we were on this. The county attorney says we never decided if we were pleading guilty or not. My attorney is not backing me as strongly in public as in his office. Remember - very small town. The sheriff's election is right around the corner and they were very adament about me not going to trial in the first place - I think they are just pushing this off as long as they can - They agreed it was not handled properly. I am not running for office so I don't care who likes me or not I want this settled and now.

Customer: replied 9 years ago.
Expert:  johngibson15219 replied 9 years ago.
If they don't want it to go to trial they should be willing to deal. Usually the prosecution will agree to whatever makes law enforcement happy. With minors and alcohol pre-trial diversionary programs are available in most states so the offer isn't that unusual. Also Judges tend to impose tougher sentences if you do not take a plea. It may just be as the Judge indicated, that the case just slipped through the cracks. I'd advise talking to your attorney and telling him that you are going to have to go to the Judge again if you can't get this thing moving.
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Customer: replied 9 years ago.
So you feel there is no question about only 2 of 28 people being ticketed at the party, all others being let go, some allowed to drive away from the party after we were told they would later be issued tickets but weren't, and that this isn't purposfully being delayed since I can't get any answers from anyone.
Expert:  johngibson15219 replied 9 years ago.
It doesn't seem to me that it is being delayed for any particular political reason. I'm in Pittsburgh, PA and I've seen political games being played and this doesn't sound like one except for the item about the County Commissioner's daughter. Your sons were probably singled out because it was their father's house.