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My son is in Twin Towers at this time in Los Angeles. He was

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My son is in Twin Towers at this time in Los Angeles.
He was arrested for a disturbance between him and his girlfriend who lives in Lancaster. When he was arrested the girlfriend told them that he lives with her for 8 months now in Lancaster. The problem is that he is a sex offender . His picture is not on the internet because it was a misdeameanor but he has to do an address change of he moves. He still uses my address. He is deaf and he has been registering for the past 10 years but we do not have any papers to show he has to change address and the police officer said he wrote it on a paper asking him if he needed an interpreter and he said no but he did not keep the paper my son wrote on. My son did sign a questionairre with a lot of questions. He initial the questions but I don't think he even read them. Deaf people understands a lot of things differently from us speaking people. They are trying to build a case against him not doing an address change. They offered him 32 months in jail but he said no , that he wanted a trial. The only time he gets an interpreter is when he goes to court. If you ask a deaf person this : Do you understand what you read. They will say do I understand (question mark) but you do not see the question mark. I need to know if my son stand a chance of not going to prison. He has never been read his miranda rights. I could understand if they give him one year in county jail but not prison. He is a resident with an alien card. I am his mother and I am a naturalize citizen and when he was sent to prison back in 1999 he was sent to immigration and we had to go to court and the judge gave him the rights to remain in the country .I need to know if my son stand a chance of not going to prison. the public defender is not much of a help and we cannot afford an attorney. Please help. Thanks
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 5 years ago.

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QUESTION: "I need to know if my son stand a chance of not going to prison."


ANSWER: Yes. First of all, please allow me to say that I am genuinely sorry for this painful chapter in your family's life. I commend you for caring and wanting to help. Now, please realize that I can make no guarantees or promises whatsoever. Your son's legal counsel, and only that person, can properly advise him. Having said all of that, I detect a huge issue in your mention of your son never having been read his Miranda rights. That is, quite frankly, a stunning fact and provides a basis for asserting a Constitutional challenge pursuant to what is known as the Exclusionary Rule. In other words, it may well be that the evidence being used against your son, especially meaning any statements of admissions he purportedly made, was obtained illegally, is thus inadmissible against him, and hence the case should be dismissed. Please, however, understand that would be the best possible scenario. Only the public defender can actually represent your son (seeing your mention of being unable to afford to retain a private criminal defense attorney). The most helpful thing you can do is to make your the attorney representing your son is fully aware of this aspect of the case and to facilitate communication as much as you can.


I truly hope all works out for you. I know this is a lot to take in, so please do not hesitate to write back. After you select "Accept", our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.


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