This just gets weirder.....and weirder

[Star*]

Remember the "attempted" burglary charges? (15 years in prison?) Strike 2 as a felon - one more and you're out.

Okay - I wrote the solicitor right after we got Dude out of jail and tried to explain what had been going on in the group home that we shut down. (It's reopened by the way) and the animals, sanitation and all were dealt with by authorities. The solicitor didn't really want to "talk" to us in court. We were assigned a PD. The PD has the tenacity of a moth on a windshield wiper in an F5 hurricane.

Yesterday I get a card for Dude - it says (weird part)

AS YOUR ATTORNEY -

Then be in court XX date -

Signed - The SOLICITOR????

What is this? He's not OUR atty. She is (mothora). And yet I begged HER to meet with me - and it was a namby pamby - well you can bring info if you want. Um hello - what happened to you were going to subpoena his mental health records???? (nope - says she never said that) there were 3 of us in the room that all remember her saying she would fax forms - and did not.

She also stated that she DOES NOT want to go "UP" against the DA nor does she want to cross him or really even talk to him - said she KNOWS this DA and it will NOT do any good. WHAT???? Is she bucking for a job in the DA's office or what? Isnt' that HER JOB???? To make a deal -

Nope - she said only we have until Nov. to decide if we want to go to trial. Dude said he is NOT pleading to something he did not do - and there is no deal.....as far as we know -Mothora said the DA is out for blood. ...Over an alleged attempted break in with NO evidence and a bullied statement from some idiot kid to the cops.....we asked for a comparative statement to see if the boy and PROVE the boy could NOT use/write words like he did. He's at about a 4th grade level and even his signature was questionable -

So what is this? Those that have gone before us for a felony.....any thoughts. I really could but do NOt want to call Mothora......I think she's a moronic mouse.

OH and to have her "removed" = I have to PROVE she's given bad advice - HOW about - NO advice - her advice was "Take the 15 years." WTH?

 

[DammitJanet]

Something is weird. Number one, his attorney should be the one who keeps in contact with him about his court dates...not the district attorney. Though in retrospect..how thoughtful! I wish both sides had thought to notify us of impending court dates since they did change them at will.

Here we get a form letter from the PD just basically stating that you need to call them or that your court date is such and such.

Star...to be honest, I dont know that the PD is going to even speak to you at all anymore. Dude is now 18. Corys PD listened to me, allowed me to speak to her but wouldnt discuss his case with me at all. The only time she veered from this at all was when the mess up happened with the court dates and they picked him up on the bail revocations. We were on the bonds so she went into court and got the judge to sign off on the fact that it was a clerical error and he shouldnt have been revoked and gave us that paper. Other than that...I was out of the loop. I was allowed to speak to the ADA but only as the victim. I probably got a bit more input because not only was I the victim but also his mom so I had more information too.

Get Dudes records for him...or show him how to do it. You may have to do most of this from behind the scene. He is going to have to advocate for himself I think.

 

[Shari]

I've seen wiring diagrams for cars that are easier to follow than this....

Does solicitor or PD have email? If so, can you email them with what you undertand to be their stance, and ask them to respond in verification? I know email's iffy, but you really need something in words to prove these people are worthless. A PD who isn't going to DEFEND against the DA is pretty much a waste of that office space...just need to figure out how to prove it.

Ditto with solicitor.

If Dude will have it and you want to, he should be able to sign a simple statement allowing you to discuss his legal matters with others on the legal team. Sign it, notarize it, and use it if needed/wanted.

This whole deal is absolutely a train wreck. I hope, if it goes to trial, that the wreckage is still obvious.

 

[Hound dog]

Weird. But I don't know much about such things.

So instead of advice, I'm giving you a big (((hug))).

 

[everywoman]

I know that when difficult child was facing his felony charge, he did receive a letter from the court, but I don't remember if it was from the solicitor or the clerk of court. I would call his attorney---it is her job to defend him. Make her do her job!

 

[DDD]

I can not give guaranteed advice about anything to do with the courts BUT you have got to decide whether you are going to fish or cut bait. I do completely understand your position of having Dude be in charge of Dude. on the other hand, I would bet the family farm (if we had one), our business (which is not much of a money maker) and my much loved Explorer that Dude does not have the capacity to understand their system and protect himself if you can not do so.

If you are going to fish...get copies of the medical records, get copies of the placement proofs, get statements from anyone who can verify that Dude did not, could not or would not do the crime. Most importantly get
a notarized statement from Dude that he needs you to be fully informed of all steps and contact with the system AND would like all the authorities to
discuss his case with him with you at his side.

Will they allow all those safeguards? Heck, no. on the other hand, the attorneys will be officially on notice that Dude is not a little boy that they can mess with at will because he has an adult monitoring his best interests. I know
how it worked for easy child/difficult child...every time they could do it, our diminished capacity kid was placed in a position where the PD, the DA and the so=called Judge expected (or pretended to expect) him to hold his own going against the two or three middle aged men with law degrees and at
least twenty to forty more years of life experience. It is ugly.

It will be stressful whether you fish or cut bait. I don't envy you. DDD

 

[Abbey]

Unfortunately, when they turn 18, there is not much that you can do. We never got any info on J after that point. No matter what we could try to do, it didn't make a difference as he was an adult.

I hope all turns out well, although I knos it's a nightmare.

Abbey