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Our son is being charged with disorderly and today we

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completed paperwork to have a...
Our son is being charged with disorderly and today we completed paperwork to have a public defender represent him in court. We have never went through anything like this before and weren't sure what to expect. The attorney asked our son if he wanted to talk to him individually or with one of his parents and he said he didn't care, individually was fine. So he said he would talk to us afterwards and that never happened. When my husband asked he said they weren't able to tell us anything. Does this sound right? Is this normal law procedure? We seem helpless if we aren't able to keep in the loop, we're his parents.
Submitted: 2 years ago.Category: Criminal Law
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3/7/2016
Criminal Lawyer: Olivia Kent, Lawyer replied 2 years ago
Olivia Kent
Olivia Kent, Lawyer
Category: Criminal Law
Satisfied Customers: 3,610
Experience: Partner at Kent Law Group, LLC
Verified

Hello. My name is ***** ***** I would be happy to help you. Is your son a minor? If he is, you have (had) the right to be in the room while he was being questioned. If he is an adult you would not have that right. Clearly he has spoken to the police without an attorney. Unfortunately, the police don't have any obligation to "keep you in the loop." But, as you stated you will have an attorney shortly and that attorney should keep you informed of everything that's going on in the case. Please let me know if you need any additional information a but, as you stated you will have an attorney shortly and that attorney should keep you informed of everything that's going on in the case. Please let me know if you need any additional information.

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Customer reply replied 2 years ago
I apologize I guess I should explain the entire story. My husband who is my 14 year old sons step father (Since he was 4) ended up calling the police out when they got into an altercation. He tried to discipline him and he ended up pushing and shoving my husband who called the law. (Now I should mention that my husband is a Sheriffs Deputy and has been for 13 years, for the same county that came out) They filed a report and we were referred to a program they offer called SHINN. We have appointments to have physiological evaluations as well as family and individual counseling. Today when we went to another SHINN meeting in the courthouse they decided since he is doing worse and being kicked out of school for OSS for being disrespectful to the teachers that they couldn't assist him and they are going to petition the court to have him seen in front of the judge. He was never taken to jail and he only talked to the officers the night the report was made when my husband called them out. They suggested that we go down to the first floor of the courthouse and get an attorney for our son because he couldn't appear in front of the judge without an attorney since he was a minor. We completed paperwork at the public defenders office and he was assigned an attorney. Then the rest followed, he said he would talk to us after talking to our son and that didn't happen. When we left we asked our son and his comment to us was "He know's his rights and he was told what is said in his attorneys office stays between him and his attorney. Its not our business" He continued to say if it wasn't for us he wouldn't be there in that situation since my husband is the one who filed charges. I just thought we would have a "Say so" or at least be present when he is being talked to. When my husband talked to the attorney afterwards he said he wasn't able to talk to us because we are not the client and he has ethics and laws from the bar that prevents that. Basically I don't know what the "law" is for a minor and IF the attorney can do this.
Criminal Lawyer: Olivia Kent, Lawyer replied 2 years ago

thank you for clarifying. What was done in your particular case was correct. Because the matter involved another family member (basically, the complaintant) they couldn't have you presents when they were questioning him and they wouldn't be required to give you any information. Under the circumstances the attorney would in fact be doing something very wrong if he told you what your son said to him. I honestly wish I could provide you with better news than that. Unfortunately, because you are technically on different sides of this matter keeping you in the loop just wouldn't be possible. But, you can still talk to your son – unless there is a restraining order or something along those lines preventing you from doing so and he, if he chooses to can provide you with information. Please let me know if I have answered your question and if so you're positive ranking would be appreciated.

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Customer reply replied 2 years ago
Thank you, ***** ***** your response. Just to clarify because I am his biological mother, I have no rights as his guardian? I have no control over my own son any longer? (Its hard to believe at 14 years old, he's a child and unable to provide any type of accurate information to anyone especially a judge or attorney)
Criminal Lawyer: Olivia Kent, Lawyer replied 2 years ago

I think, unfortunately, this is a tough situation since your spouse is involved and since you were not present in the room when he originally gave his statements - to police or to an attorney. Because your son has an attorney that attorney would be violating privilege by talking to you about what your son said. It's unfortunate that you were not in the room when the police spoke to your son because you legally would have had the right to be there. I truly wish I could give you better news. I understand that this is a really tough family situation. Is he living at home Now? If he is you are well within your rights as your son's mom to talk to him. He can tell you anything that he wants without any sort of restrictions that an attorney has. This certainly sounds like a family dispute that has spiraled out of control and now there are quite a few extra people involved which makes it tougher to resolve. Your husband may wish to consider getting an attorney if he is concerned about what this situation could have on his rights as well. I hope I have answered your questions. Please remember to rate my response because that is the only way we are compensated for assisting. If I can be of assistance with anything else please feel free to reach out. I am available by phone ( I would need to send you a separate request) and via this email forum.

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Criminal Lawyer: Olivia Kent, Lawyer replied 2 years ago

I hope I have answered your questions to your satisfaction. If you would please enter my rating when you get a moment I would really appreciate it. The only way we get paid is if the customer submits a rating if they are satisfied.

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Criminal Lawyer: Olivia Kent, Lawyer replied 2 years ago

Hi. I wanted to reach out again to confirm that I have answered your question. If you could please submit a rating if you are satisfied I would appreciate it. The only way we get credit is if the customer is satisfied AND also submits a rating. Please let me know if you need anything in the future. Best of luck.

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Criminal Lawyer: Olivia Kent, Lawyer replied 2 years ago

Hi. Just a friendly reminder to please submit a rating if you are satisfied with my assistance. If you need any *additional* assistance I'd be happy to help you. I know there is a ton of information out there on the internet… and I hope you consider Just Answers a great resource for educational and helpful information. Unfortunately, as much as I wish to, there are times we have to give the customer information that is not that favorable to their position. I know that stinks... and I wish we didn't have to do it. But we don't get credit for the time we spend assisting you unless you're satisfied AND ALSO submit a positive rating. So I hope if you feel I have given you a thorough answer and my best assistance you will submit a positive rating. I can of course continue to help you regarding this topic and clarify anything you have questions about as well, so don’t feel as though we have to stop communicating if you require clarification even after you submit a rating.

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