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15 Years as Star - sorry about DWW
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<blockquote data-quote="meowbunny" data-source="post: 143120" data-attributes="member: 3626"><p>Star, you're not going to like this, but LET THE PAST GO. Do a concise, clear, non-emotional letter about what was supposed to happen when Dude got the first sentence and what, in fact, did happen. Do not put in rumors, anything Dude or another person told, only what you know to be fact -- what you saw in the house, what the group parent told you directly, what a police or probation officer told you occurred with regard to Dude. Dates where possible, but just the facts, ma'am. Do bring up the condition of the house when you saw it, the fact Dude and his friend just arrived at your house without knowledge or permission because of those conditions, the fact your son was injured (twice) due to an apparent lack of supervision. Do mention that Dude was supposed to go to school but did not do so, although it was a responsibility of the group home to insure he did in fact go. Unless you can prove by other sources, do not bring up that he had to pay for transportation, etc. Also mention in the letter what is happening now -- that he is going to school, is helping around the home, etc. Ask his new foster parents to write a letter as well. </p><p> </p><p>Make sure this letter becomes part of the court file -- if the PD won't do a motion to enter it, send it the original to the court clerk for filing, cc the judge, the DA, the PD and the judge's clerk. </p><p> </p><p>The less emotion you show, the more willing the judge is going to be willing to listen. It won't just be a mother trying to keep her son out of a jail, it will be a concerned parent asking for help -- there's a HUGE difference in a judge's eye.</p><p> </p><p>These letters won't mean much at the trial but if it does come down to plea bargaining or sentencing, it will make a huge difference. So will letters from therapists and other professionals. As the saying goes, hope for the best, prepare for the worst.</p><p> </p><p>What did the PD say when you said no plea because he is innocent? Did she explain how little innocence matters for "justice" to prevail? Did she anything about the lack of evidence? The fact the police are claiming they saw two kids breaking in is pretty damning in a juror's eyes. In all likelihood, Dude's attorney is going to have to get the other kid to admit he didn't make the statement or, if he did, it really wasn't Dude with him.</p><p> </p><p>Is there any chance the DA will drop the charges? If you can get the other kid to recant, he may. That's probably your best hope.</p><p> </p><p>I hate that you and Dude are going through this. It is absolutely ridiculous that he be looking at 15 years for something so petty. TANJIT!!!! (There Ain't No Justice In This World)</p></blockquote><p></p>
[QUOTE="meowbunny, post: 143120, member: 3626"] Star, you're not going to like this, but LET THE PAST GO. Do a concise, clear, non-emotional letter about what was supposed to happen when Dude got the first sentence and what, in fact, did happen. Do not put in rumors, anything Dude or another person told, only what you know to be fact -- what you saw in the house, what the group parent told you directly, what a police or probation officer told you occurred with regard to Dude. Dates where possible, but just the facts, ma'am. Do bring up the condition of the house when you saw it, the fact Dude and his friend just arrived at your house without knowledge or permission because of those conditions, the fact your son was injured (twice) due to an apparent lack of supervision. Do mention that Dude was supposed to go to school but did not do so, although it was a responsibility of the group home to insure he did in fact go. Unless you can prove by other sources, do not bring up that he had to pay for transportation, etc. Also mention in the letter what is happening now -- that he is going to school, is helping around the home, etc. Ask his new foster parents to write a letter as well. Make sure this letter becomes part of the court file -- if the PD won't do a motion to enter it, send it the original to the court clerk for filing, cc the judge, the DA, the PD and the judge's clerk. The less emotion you show, the more willing the judge is going to be willing to listen. It won't just be a mother trying to keep her son out of a jail, it will be a concerned parent asking for help -- there's a HUGE difference in a judge's eye. These letters won't mean much at the trial but if it does come down to plea bargaining or sentencing, it will make a huge difference. So will letters from therapists and other professionals. As the saying goes, hope for the best, prepare for the worst. What did the PD say when you said no plea because he is innocent? Did she explain how little innocence matters for "justice" to prevail? Did she anything about the lack of evidence? The fact the police are claiming they saw two kids breaking in is pretty damning in a juror's eyes. In all likelihood, Dude's attorney is going to have to get the other kid to admit he didn't make the statement or, if he did, it really wasn't Dude with him. Is there any chance the DA will drop the charges? If you can get the other kid to recant, he may. That's probably your best hope. I hate that you and Dude are going through this. It is absolutely ridiculous that he be looking at 15 years for something so petty. TANJIT!!!! (There Ain't No Justice In This World) [/QUOTE]
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