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My 17 year old son went to trail because he said he was not…

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My 17 year old...
My 17 year old son went to trail because he said he was not present at the time a crime was committed and had witnesses to conirm what he said. In the court room to pick the jury team it was 50 whites to 4 blacks to choose from. Can a D A take some one out the court room and tell them what to say on the stand? This all white jury complained about getting paid 15 dollars a day and how there boss was calling and pressuring them to come back to work. was my son constitutional rigts taking from him. the did not pay attetion to what was being said in trail all the wanted to now was every one involved in this situation which they all was black was going to get the same sentence the DA said yes which he lied and they gave my son who never had a charge or been introuble life with no parole the ones with charges got 5years probation
Submitted: 8 years ago.Category: Legal
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6/10/2010
Lawyer: loeblaw, Attorney replied 8 years ago
loeblaw
loeblaw, Attorney
Category: Legal
Satisfied Customers: 1,669
Experience: Trial Atty---NY, NJ & Fed Courts, Owner of law office for 10+ years--Recently joined this Site
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Are you asking if the DA can coach witnesses as to how to testify?
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Customer reply replied 8 years ago

No what to testify. Tell them what to say

Lawyer: loeblaw, Attorney replied 8 years ago
If he told them specifically what to say, that would be misconduct and error, it could open up a new trial if someone can verify that. If he more or less told them what was needed (without telling them what to say), that is permissible. It's a fine line, but makes all the difference in the world...Hope this helps.

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Customer reply replied 8 years ago
What about the jurers to pick from which was by all means not a jury of his peers
Lawyer: loeblaw, Attorney replied 8 years ago
"Jury of one peers" does not mean that jurors must or must not be of one race or another. This has been litigated before. You cannot include, or keep jurors off because of race. But as long as there is no systematic rejection solely due to race, having a jury that does not include a defendant's race is not by itself misconduct.

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As your question has been answered, please click ACCEPT so that I can receive credit for the answer and you can receive credit for your question. Clicking ACCEPT does not generate additional charges but only indicates your question was answered. We do not receive a salary; this is the only way we get paid so I respectfully XXXXX XXXXX you please click ACCEPT. Additionally, note that BONUSES and positive feedback are GREATLY appreciated. Should you need additional information or have additional questions please feel free to send me a question personally.
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Customer reply replied 8 years ago
The D A played a tape with my sons voice talking to someone one onthe phone claiming his innocence and saying those crackers the DA and the detective are not investigating and that they was going to look stupid cause he got witnesses where he was. would they have played that tape over and over infront of all black or half black jurors? can that prejudice the jury and what was the purpose it did not prove him guilty
Lawyer: loeblaw, Attorney replied 8 years ago
Was this during trial?
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Customer reply replied 8 years ago
Yes
Lawyer: loeblaw, Attorney replied 8 years ago
If it is his voice. it is admissible as a declaration and it is up to the jury to make their own determination of the weight to give it. Sorry. There may be other avenues of appeal but this one will not work.

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Customer reply replied 8 years ago

My son never had a changed he was accused and not a lick of evidence pointed to him being there with the others that put themselves there they all had different stories and and got caught in lies on the stand and admitting that they lied for a plea why was my son convicted

Lawyer: loeblaw, Attorney replied 8 years ago
I don't know I was not at the trial...You should ask your son's attorney.
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Customer reply replied 8 years ago

At the end of the trial he told the judge that everyone the jurors should be arrested and he felt like he was at a lenching

Lawyer: loeblaw, Attorney replied 8 years ago
So if it was egregious...get a copy of the transcript and appeal! There are pro bono agencies to help with appeal of innocent defendants. A famous one is "The innocence project" There are others but if he is innocent do not let it rest.



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Customer reply replied 8 years ago

okay

Lawyer: loeblaw, Attorney replied 8 years ago
PLEASE ACCEPT so that I can get credit for your question...thanks.
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Lawyer: loeblaw, Attorney replied 8 years ago
PLEASE HONOR THE HONOR CODE

REMINDER: As your question has been answered, please click ACCEPT so that I can receive credit for the answer and you can receive credit for your question. Clicking ACCEPT does not generate additional charges but only indicates your question was answered. We do not receive a salary; this is the only way we get paid so I respectfully XXXXX XXXXX you please click ACCEPT. Additionally, note that BONUSES and positive feedback are GREATLY appreciated. Should you need additional information or have additional questions please feel free to send me a question personally
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Lawyer: loeblaw, Attorney replied 8 years ago
PLEASE HONOR THE HONOR CODE

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