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My 17 yr old son is caught in the legal system. He was

My 17 yr old...

My 17 yr old son is caught in the legal system. He was charged with stealing a lighter from a gas station. Put on probation. His PO is a bully and uses intimidation and blames ME for how I have raised my son. He administered a random UA using an unsealed container which came back positive for THC, I immediately took my son to the local hsp and got another test done that came back neg. My son did violate probation by not attending summer school and now I have rcvd an offer from the states attorney wanting to give my son 90 days in the youth detention center and add an adntl 6 months of probation. I expect my son to be punished, however I feel that the punishment in this cas does not fit the crime. I would like help on how to approach the judge with some sort of counter plea and request that my son can be discharged from probation and only spend time at the local detention center.

Lawyer's Assistant: Can you tell me what state this is in? And how long has this been going on?

Illinois. over a year.

Lawyer's Assistant: Has anything been filed or reported?

He was charged with theft under $500. I originally agreed to probation, in hopes that he would find a mentor to help get my son back on track, however that plan has backfired and as a result he's now stuck in the system, and I have had to pay over $1500 for a lawyer and $500 for probation fees. The judge ordered that my son quit his job to focus on school.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My son is NOT perfect, but he worth someone believing in. My town, Quincy, is known for debauchery in the legal field and I'm worried that my son is going to turn 18 soon and still dealing with a petty crime that has gotten out of control.... Thank you!

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Answered in 15 minutes by:
7/17/2017
Hammer O'Justice
Category: Legal
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience
Verified

Hello.

I'm sorry to hear about your situation and your son's. The difficulty is that you cannot approach the judge directly without the prosecutor being involved...it is called an ex parte communication and is not permitted. Have you tried making a counter-offer directly back to the prosecutor? Typically the plea bargains are worked out between the prosecution and defense. If the prosecution refuses to alter their deal and your son doesn't want to accept the offer, then once the case comes in for court, typically the prosecutor and defense will confer with the judge to see if the judge can move the parties closer to a deal. But contacting the judge in advance is generally not permitted. It sounds like you haven't had the greatest experience with attorneys in your son's case, but usually having an attorney to do the plea bargaining is generally easier and more effective than trying to do it yourself. But he can try to request a different deal from the court when he is actually before the judge.

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Customer reply replied 9 months ago
Thank you. I would like to present a letter of sorts to have my attorney deliver to the states attorney. Do you think it's unreasonable to request my son be discharged from probation in hopes to get out from under this? He will be 18 soon and on his own. I just want a clean start for him

No, I don't think it is unreasonable, particularly since he has had problems on probation. It seems counterproductive at this point to have him stay on probation, particularly if he is willing to serve out a sentence in detention, when it has not been effective. Particularly since he is going to age out of the system soon anyway. It may help if he has some kind of plan for when he gets out of detention, such as finishing school, doing some kind of job training program, etc. It is not necessary but it may help.

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Customer reply replied 9 months ago
My main objective is for him to finish his last yr of school and put all of this behind him. I just feel that all of this for stealing a lighter is cruel punishment.

Yeah, it honestly seems a little excessive. Perhaps meeting with his school's guidance counselor and working out a plan to finish school and then have a plan for after he graduates will satisfy the prosecutor into agreeing to drop the probation requirement.

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Customer reply replied 9 months ago
Thank you for your time. It's truly helped

No problem. I wish you both luck. Please leave a positive rating so I get credit for my answers. Take care!

Hammer O'Justice
Category: Legal
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience
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