Should my son take a prison deal or go to trial?

Let me start off by thanking you in advance.

I have a son (22 years of age)that could be going to prison. There are three people being charged for 1st degree robbery really it was a drug deal gone bad. They offered him 3 years with a lid. This is a package deal all 3 have to accept the deal or no deal. My questions are do they only give you one deal or will they come back with a new deal? (Madera County California). One of the lawyers believes that if we go to trial that he can show what happen (drug deal gone bad, instead of robbery). By the way the person who claims he was robbed has been arrested for making meth, sells of meth, etc..and I thought my sons mind was not thinking clear what was this guy thinking when he called the cops. He didn’t even clean the place up they found drugs all over. I would like to know what you think about going to trial (by the way my sons lawyer has a drinking problem and without the other two laywers we would not have a chance in Hel) I’m tring to come up with monies to hire a lawyer but that seems to be a lost cause. I am lost I don’t know which way to turn or were to go for help. In addition, my head knows my son should not of done what he did my heart only knows this is my son and I love him no matter what. Which means to support him in any way possible weather I agree with his actions or not. I know many will say this is enabling him sorry, I can not be any other way he is my son and I will never turn my back on him.

Answer #1

Hey,

I don’t know if your son has gone to trial yet but I went through the penal system at a young age (19) for federal and state charges. A three year prison sentence on the east coast seems to be the entry-level prison sentence;however, you do realize that three years is not really three years, right? In Georgia and South Carolina three years for state seems to be the first prison term you’ll ever get if you have that opportunity. There is never a 1 year or two year state prison sentence and that is because once you take parole into consideration for non-violent crimes…you normally parole out of country jail within 6 mos or after you get to processing when you first arrive in prison. Prison was the best thing that ever got knocked upside my head. He’ll do less than a year and if you really care about him…then this could do it. If you do not take a plea deal and you go to trial and use the taxpayers money and come out on the bottom…they will make up for it in sentencing. Check your CA dept of corrections site and browse through inmates. For those sentenced to three years, you’ll notice they parole out quite fast. If you had money, it would be a different story as it would have been for a lot of us. However, you will have to make this choice on your own. Good Luck

Answer #2

I would call your district attorney’s office and file a complaint about the lawyer with the drinking problem and lay your story out to the DA. There are often many diversion programs your son could get into, but the public often doesn’t know about them.

Meth is a horrible drug and your son has a problem. But you sound like an enabler here. “The police should be thanking my son”, “The problem here is METH”, etc. Your son is and should be in just as much trouble as that meth maker and yes, meth is a horrible drug. But it is your son’s stupidity for taking it this far. He DOES have a responsibility in this mess. He was at a meth house involved in illegal activity and there is a price to pay and a risk that he took for that.

Good luck in finding a diversion program.

Answer #3

Sigh, this is a tough one. Knowing how you feel about your son, you’ll probably regret not trying if he just takes the jail deal. You’ll always wonder if the lawyer could have helped. Will the drunk lawyer have the other two arguing the case also? If so, sounds like he might have a chance…

What does your son want?

Keep us updated…

Answer #4

Thanks for your comments.

My son would like a drug treatment program. Jail can stop him from doing the drugs, for now. We need to get to why he uses drugs and without a program to help i believe that no matter how bad he wants to stop it will not happen. I have a program that will accept him at any time and the courts will not even talk about it. Due to the charges 1st degree robbery when it was a drug deal gone bad a program is not an option.

The more I think this all out the more I think we should take it to trial. The so called victim can not look good on the stand with the charges facing him. The police should be thanking my son, because of this they got credit for taking a big time meth dealer off the streets. He had enough stuff to make 3 million dollars (street value) of meth when they busted him . This is not the “victims” first time getting busted with large amounts of meth. Six years ago he got caught with 6 lbs. By the way his bail is $50,000.00 my sons $100,000.00.

I believe in finding the starting cause or bottom line of any problem this time it is METH. It has made my son into someone he’s not and sending him to prison is not the correct action for him or his friends, or for that matter anyone who has a drug problem. They need help with a drug problem, if you fix that then you have removed a crimmial from the system because the reason they are commiting the crimes is to get the meth.

I don’t think my son should walk away he did wrong. I want my son to come out of this a better person and the knowledge he needs to live without drugs. Seems to me a program would be the better choice for everyone, better value for their dollar.

Thanks for listening.

Answer #5

I am 21. I know I would like to fight it if at all possible. Is there family to help u with money for a real layer? I know that I dont like some of these comments but I know guys my age are experemental and he learned his lesson is there a chance the 3 years will be droped if he behaves well? I dunno what to say really but I feel so sorry for you my mom had to deal with my brother and she passed away I miss her soo much! I know that your a good mom and you know what to do I would follow the one girls idea on turning in his layer and I would more in likely take 3 years cause if I cant get a layer thats worth having it may end up 4 or more years

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