Notice to new members intending to register - from January 9th 2012

anilom0514 · #1 05-08-2012, 06:35 PM

I know, i have a lot of questions. Why would they reschedule a preliminary in order for both defendents to appear together. Do they use them against one another. I dont understand the reasoning behind it. My son said he told the exact truth when questioned, told his lawyer exactly the same thing and even though the other person involved will be with him, he plans on telling the truth as it happened, which his laywer told him to say anyway. Just wondering now if this is a good or bad thing.

Also, at the preliminary, is it just for reviewing the charges, evidence and for our lawyer to see whats against my son (and of course bail reduction if indicated) or could it possibly an opportunity where they could talk about a plea or time or anything like that?

Sorry for all the questions, just really confused about this process.

lisaca42 · #2 05-08-2012, 08:44 PM

Wow. I was in the same boat as you in February of this year. My whole world turned upside down when I got a call from my youngest (19) saying he was arrested with his BROTHER (21) for robbery! They were charged with robbery and possession of stolen goods. The 19 yr. old was also charged with drunk driving. He hadn't even got his license yet! There were 3 of them out joy riding, pulled over, got into a fist fight, and before they drove away, the kid in the back seat grabbed a backpack that was sitting on the ground. They both had public defenders that told me they were looking at up 2 five years prison time. I lost it. My whole world stopped. I joined this site to have a little piece of mind. What a life saver!
I was visiting both boys 2 times a week. They both called me every day so worried about what was going to happen to them. The had both just gotten full time jobs, working together, and were doing good. They got drunk and made stupid choices. They went to court together with the other kid 3 times. On the 4th court day (pre lim)my oldest son's PD came to me and said they were making a deal. They would get felony theft of a person, and felony assault. Also 5 yrs probation with time served. They were in for a total of 23 days. 23 LONG scary days. They took the deal although I still think they could have made a better deal They both wanted out so they took it. They got out on March 5th and have been doing good since. Both back to work, paying fines, visiting PO, and doing some classes (DUI). Although they have gone out with friends on the weekends I HOPE they have learned their lessons. (not too sure about the youngest one though. He is still drinking but not as much as he was)

yourself · #3 05-08-2012, 09:05 PM

generally, it means nothing but that the issues and evidence are pretty much the same for both defendants. Chances are, your boy won't be called to testify. He cannot be forced to testify against himself. I'd assume a motion to severe is coming, and the prelim is just to make things a bit more concise for everybody involved (the cops have only one hearing, the judge has only one hearing, the defense attorneys aren't having to go to more than one hearing, they only have to transport the two defendants to one hearing). So, think expedience, not good news/bad news.

Plea deals can be offered at any time - up to the point that a jury publishes its verdict.

Do not try to read the omens - it'll just drive you crazy, and they're mostly wrong anyway.

anilom0514 · #4 05-08-2012, 09:27 PM

Quote:

Originally Posted by yourself

generally, it means nothing but that the issues and evidence are pretty much the same for both defendants. Chances are, your boy won't be called to testify. He cannot be forced to testify against himself. I'd assume a motion to severe is coming, and the prelim is just to make things a bit more concise for everybody involved (the cops have only one hearing, the judge has only one hearing, the defense attorneys aren't having to go to more than one hearing, they only have to transport the two defendants to one hearing). So, think expedience, not good news/bad news.

Plea deals can be offered at any time - up to the point that a jury publishes its verdict.

Do not try to read the omens - it'll just drive you crazy, and they're mostly wrong anyway.

Easier said then done

thank you for your reply. What do you mean "a motion to severe is coming"? Thank you!

anilom0514 · #5 05-08-2012, 09:35 PM

Lol I think I really read into that Yourself! Did you mean motion to sever -like to break it into two seperate cases? I automatically thought you meant a sever harsh motion lol going through all this withyour child seems to really make you lose all common sense

yourself · #6 05-08-2012, 09:55 PM

Quote:

Originally Posted by anilom0514

Lol I think I really read into that Yourself! Did you mean motion to sever -like to break it into two seperate cases? I automatically thought you meant a sever harsh motion lol going through all this withyour child seems to really make you lose all common sense

sever, yes. Apparently it's a Freudian slip with my regular life bleeding into all of my thoughts.

Motion to sever means to split the two defendants apart. Each gets his own trial.

yourself · #7 05-08-2012, 09:56 PM

oh, and it's not the going through it with your child that costs common sense - it's the system that lacks a bit of common sense.