Need info fairly quickly

[vikkijj]

My son (18) had yelled and threatened to hit me, and I told him if he ever did I would have him arrested. He did last Oct. It wasn't a really hard punch, and it was only one, but it was to my chin, so I did have him arrested and left him there for a couple of days. His court date is coming up and I need to know if we need a lawyer and what he could be sentenced to and if it could possibly be dropped. (we live in Texas). I really did it to teach him a lesson not to have him sent away for a while. He does not have a record, never even a speeding ticket. He is currently a senior in High School and has applied to UTT and should not only be accepted but accepted on Academic scholarship due to his ACT score of 26 (we are hoping to have that letter before his court date of Jan 26th, 2007). He has been seeing a psychiatrist and he changed his medicine to a different one. The doctor has written a letter stating that his anger appears to be under control with the new drugs and counseling. Does he have a chance of it going easy on him and getting to graduate in May and go to college in August. I cannot afford a lawyer and was wondering if he really needs one.
The charge was assualt/family violence, I hear that makes it worse. Is there a way to get it reduced? Also how should he plead?
Thank you for your help,

 

[seniorjudge]

I suspect the judge has heard all those stories before. Get a lawyer.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.