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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31789
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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son is 26 yrs old and was drunk at a friends house on 09/18.

Customer Question

son is 26 yrs old and was drunk at a friends house on 09/18. Friend pointed a pistol at a neighbor. Son had no involvment outside of being near by. Son left and the next morning sheriff aressted him for DUII, Unlawfull use of a weapon ( felony) and disorderly conduct. He was hancuffed so tight his wrists are badly brused and thrown in jail. Any witnesses must be either boy who was on drugs & pointed the pistol, his girl friend, or man who pistol was pointed at who is a meth head. Police took pictures where my son lives of a trucj belonging to someone not envolved that was no where near the incident. Son is disabled with Tourettes syndrome and this has tromitized him and myself who also has TS along with his entire family. Son was given public defender who has been unavailable due to his recovering from a surgery. There is a court date 10/04. We see him later today. DUII has been dropped. Any advice?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Roger replied 7 years ago.

Have any of the other charges been dropped?

Customer: replied 7 years ago.
Expert:  Roger replied 7 years ago.

Ok. The first thing you need to do is get your son a criminal law attorney and work on having these other charges dismissed as this appears to be a mistaken identity issue.


Also, your son can sue the law enforcement agency for malicious prosecution, abuse of process, unlawful detainer, false imprisonment and assault for his mistreatment and the false accusations made against him.


But, the first thing is to get these charges addressed.

Customer: replied 7 years ago.
Is is OK to go ahead with our meeting with public defender in a few hours and if so what should we ask? Should we request copies of what police or DA have that lead to his aresst? Should my son say nothing? Do criminal defence atourneys also do the sort of litigation you refered to?
Expert:  Roger replied 7 years ago.
Yes, it's fine to meet with the public defender. He's your sons appointed attorney. Your son needs to be totally honest with him and tell him everything that happened.

You should discuss how to overcome these charges.