# good advice needed from cop or lawyer



## iridered2003 (Dec 12, 2005)

got a call from home that the cops were at my house today with a search warrant for my house. my son has been accused of agg burg of a store. the cops showed me a pic of the 2 guys involed and 1 of them look somewhat like my son, but you can't see a face because of a hat the person is wearing is pulled down or really tell what the person is wearing. at the time of this burg, my son was at home with me eating lunch. it's a everyday thing. but to the cops. i'm just a worried parent.i'm full of bs! my word means nothing. when i told the cop this, he said he hears this all the time. i know in my heart and mind that this is not my son that did this. how can you be in 2 places at 1 time?? do any of you guy's or ladys have any good advice for a poor man in trouble? i sure hope someone can come up with something good. by the way, i can't afford a lawyer,so that's why i have asked for some outside advice from some people that don't know me or my son. i have talked to a few friends, but sometimes you get better advise from starngers!! maybe something i can talk to his court appt lawyer


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## JED (Nov 14, 2004)

Agg burg or Agg Robbery is a 2nd degree felony in texas. Search warrants are taken very seriously and probable cause needs to be substanciated or a Judge will not even look at the warrant. Sounds like the other guy got caught and is fingering your son as his accomplice or they have some other damning evidence against him (like fingerprints). Did the PD find anything during the search? Is your son being held, detained for questioning, or arrested and charged? You mentioned a Court appt atty and that this happened today. He will not be assigned an atty untill he has been formally charged with the crime. BTW, I'm not a lawyer or cop, but I have a CJ degree and close to a decade working in law enforcement.


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## iridered2003 (Dec 12, 2005)

they took a pair of pants,2 tee shirts and a hat and pair of shoes all of which does not match anything in the pic i seen. not held yet, was told they would be back today with a arrest warrant for him. i think your right about the other guy. he got busted for the crime and fingered my kid into this! i know for a fact that my kid was at home with me having lunch when this crime happen. but my word means nothing. that's what's hurting me.i don't see how a photo that can't be clearly seen can cause all this. i know i just sound like a father that does not want his kid in trouble, but that's not thee case when he was right here in our home at the time of the crime! thanks


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## Wolf6151 (Jun 13, 2005)

How old is your son?


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## DRAGNHOO (Apr 27, 2007)

One of two things will happen... Your kid DID IT or DID NOT DO IT. If not, he will be cleared fast and easy. If he did do it, he deserves every bit of what coming...and odds are more as the criminals today seem to get off too light.

So don't worry, I'm sure your angel will be cleared since he was sitting there having lunch with you and for no reason what's so ever, the police knocked on your door out of all the doors out there.

Either way, it seems your kid needs to choose a better group to "roll" with.

Good Luck


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## Tombo (Mar 15, 2005)

DRAGNHOO said:


> One of two things will happen... Your kid DID IT or DID NOT DO IT. If not, he will be cleared fast and easy. If he did do it, he deserves every bit of what coming...and odds are more as the criminals today seem to get off too light.
> 
> So don't worry, I'm sure your angel will be cleared since he was sitting there having lunch with you and for no reason what's so ever, the police knocked on your door out of all the doors out there.
> 
> ...


....


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## BertS (May 21, 2004)

cat got your tongue Tombo? lol

sometimes the old adage is best if you can't say something nice.....shut your dumb arse up.......lol.....really.....he is asking for advice, not condemnation of him or his son....

who can fault a parent for thinking the best of their child? the last time I checked, a person is still innocent until proven guilty........obviously, except by you....

iridered2003 pony up for a lawyer, but quick........


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## Tombo (Mar 15, 2005)

BertS hit the nail on the head. Don't wait any longer, get a lawyer. I got caught up with all the post and had to go back to the original post. 

Don't fool around with this situation. Get a pro!!!!!!
You need to be proactive, not reactive.


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## waterspout (May 21, 2004)

BertS said:


> iridered2003 pony up for a lawyer, but quick........


yep. beg, borrow, whatever it take, but get him on retainer fast! If you know for a fact he's innocent,, get'r done! good luck!


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## Hal01 (Jul 18, 2005)

Remind him that he has the right to remain silent....and to use it!


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## mastercylinder60 (Dec 18, 2005)

i strongly agree with the others ... find *any way you possibly can* to come up with the money and hire the best lawyer you can with the money you have.

everyone hates lawyers until you need one, and dude, you need one *badly!*

a good attorney can make the difference in your son being exonerated, or your son going to jail with a felony conviction that will hang around his neck like an albatross for the rest of his life.

i see that you live in galveston, iridered, and i just happen to know the guy who is probably the best criminal defense attorney in galveston county and he's right on the island. pm me if you want his name and number.

good luck, and i hope everything turns out okay.


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## RonE (Apr 10, 2006)

iridered2003......."by the way, i can't afford a lawyer,so that's why i have asked for some outside advice"....

From what you say, I can't see how you *cannot *afford to hire the best you can find.


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## HSP506 (Aug 25, 2006)

I'd start gathering other evidence that puts your boy at your home during the time of the crime, before the crime, and after the crime took place. 

All the best!

JR


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## corndog (Jun 27, 2007)

Irider does your son know anything about the agg burg and who the other person was. The cops must have more evidence than there going to share due to the case. If your son was home eating lunch at the time of the crime then I wouldn't remaine slient. COOPERATION goes a long way ask for a polygraph test even though you can not use it in court but it another tool to clear your son.


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## waterspout (May 21, 2004)

I agree on the cooperation if he's clean,,, Just never change the story and only stick to the truth... never elaborate,,, only answer what they ask,, no extras ,well I think BS!


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## surffan (Oct 5, 2004)

I agree with some of the others. Max out a credit card, take a loan out on a life insurance policy, have a garage sale, etc. whatever it takes to hire the best criminal lawyer you can. Having a felony conviction will mess up his life bad.


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## stangfish (Jul 10, 2006)

Hal01 is correct. Let the lawyer do the talking.

Durring interogation the interagators can and will lie. They can and will tell you things to make you believe they have evidence when they do not. They can and will make promisses to go light on you but have no authority to do such. Trust only your lawyer.

Innocent or guilty, in your situation, the police should be viewed as the enemy. Poor wording but a fact. There job is to help get enough information toi convict. Judging from the amount of people wrongly convicted some prosecutors don't really care if the evidence is acurate, the conviction looks great on their resume'.

If your son is indicted here is a link showing a lawyers responsibilities durring the legal process.
http://www.bennettandbennett.com/shtml/lawyers/howwedefend.shtml

Regardless of the situation your boy needs you. Way to go for standing up for him.

Good luck


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## Levelwind (Apr 15, 2005)

Get hold of MC's atty at once. Tell the kid to *keep his mouth shut and do the same*. Mortgage whatever, sell whatever, borrow, beg, get the money for the lawyer and don't listen to clueless ignoramuses on an internet site like dragginwho spouting mary sunshine BS.

An incredible number of innocent people wind up on the wrong side of the CJ system - *cops want cases solved and prosecutors want convictions - PERIOD*.

And to top it off you may live in Galveston Co.!

Good luck.


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## Argo (May 21, 2004)

i dont know about them needing all that much evidence to get a warrant. I had a warrant issued for me to be taken in by Texas Rangers and Border Patrol on a shooting of some border patrol agents and sherrifs that I was in no way connected to because of some BS "evidence". I was cleared of all charges as was another friend of mine, no it was not a "friend" that did it but a coworker of my friend that I had met about 6 hours before it all happened. The cop that origionally followed the guy said he saw three heads in the truck but it ended up being that the guy had some hats hanging on a gun rack that fell off by the time they found the guys truck.....they had a manhunt underway for 3 people, the dude, my friend and apparently me. I heard about it and walked in the judges office myself with my friend and gave them our statements, took a few lie detector tests, gave them witnesses to our locations and we were cleared, no lawyers........so much for their "evidence" to issue warrants on us......the kicker of it all is that I worked in the hospital at the time and watched the guy take his last breath when he died in the ICU along with one of the officers that was shot, about a week later......

stick to your story, dont give them reason to doubt you and break the others guys story that is trying to call out your son....I have been falsly accused and came out alright......cooperate


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## DRAGNHOO (Apr 27, 2007)

Like I said, get an attorney...and if there is nothing there, you have nothing to worry about. If something is there, IMO, he deserves what's coming. IF THAT HURTS SOMEBODY"S FEELINGS...TOO BAD!


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## Skinny Water (Oct 12, 2004)

If you can't raise the money for an attorney try calling the Houston Bar Association about their Houston Volunteer Lawyers Program. I don't know if they handle any criminal cases through the program, or if they would take a case in Galveston?

I don't think Galveston County has a similar program.


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## Levelwind (Apr 15, 2005)

DRAGNHOO said:


> if there is nothing there, you have nothing to worry about. If something is there, IMO, he deserves what's coming.


You are so incredibly mis-informed *or* ignorant it's hard to believe you're serious. I hope you never have a loved one (or yourself) falsely accused of a serious crime. IF THAT HURTS SOMEBODY"S FEELINGS...TOO BAD!


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## stew1tx (Oct 15, 2004)

yes get a lawyer, and if in Houston, be prepared to have a ride. Those cops, if a mistake is made, will throw the book at anyone just because they dont like being wrong. That is first hand knowledge of something that happened to my dad. BUT, do not try and hold them up, or get in their way and make sure you cooperate no matter how hard, that way resisting arrest and inhibiting justice or like charges can not be tacked on. I know it is hard, and troubling, but it will work out if he is innocent. Sucks that we are all now guilty until proven innocent, i dont care what they say, that is how it works now. 

If we were a little stronger on our punishment instead of pussyfooting around and letting everyone carry on and letting so many out on good behaviour, like someplace say korea or some of the other countries that will virtually cut your hand off for the first wrong doing. You screw up be prepared to pay for it.


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## iridered2003 (Dec 12, 2005)

thanks everyone! i know for a fact that he is no involed in this bs at all! i'm not one of those parents that think my kid is a goody goody! if he was involed, he deserves what he gets! but he's not.i see that in galveston, your guilty till proven innocent!


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## waterspout (May 21, 2004)

dang it,, levelwind,, it's coming,, ditto 100%

You have given out too much Reputation in the last 24 hours, try again later


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## cncman (Sep 12, 2005)

to say someone wrongly accused has nothing to worry about puts WAY too much faith in a system that executes innocent people, if I were wrongly accused I would not sit around waiting for the cops to figure out a way to clear me, or hope they would, I have been wrongly accused in HS by a cop and put me through hell for 3 days, finally the other person admitted they lied and it was all made up, but the cop sure had his mind made up I had already done it and wasn't interested in checking out anything that did not point to me. If the guy was covering for his son I doubt he would come here and seek advice, regardless he deserves a little benefit of the doubt.



Levelwind said:


> You are so incredibly mis-informed *or* ignorant it's hard to believe you're serious. I hope you never have a loved one (or yourself) falsely accused of a serious crime. IF THAT HURTS SOMEBODY"S FEELINGS...TOO BAD!


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## garrettryan (Oct 11, 2004)

Ditto on the right to remain silent. it is the most important right you have..


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## MEGABITE (May 21, 2004)

This has nothing to do with the death penalty, Cncman.


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## rockyraider (Feb 1, 2006)

iridered2003,

First off, I hope your son had nothing to do with comitting this crime and is exonerated before things go too far. If he is in fact arrested, you need to get him professional representation, not a court appointed attorney. This is a very serious charge and is nothing to take lightly. 

Search warrants require probable cause and the warrant must be reviewed and signed by a judge prior to executing them. The judge must have agreed that there was sufficient probable cause in place prior to signing the search warrant. 

I have noticed that many have made statements to the effect that everyone is guilty until proven innocent these days. Let me remind you that it is not the job of LE to decide who is guilty or innocent, they are merely there to conduct the investigation, compile the evidence, and to determine if probable cause exists so that a warrant can be applied for (ie., criminal charges filed). If a warrant is drafted, a judge must review the warrant and the underlying facts surrounding the charge(s), and concurr that probable cause does exist before he will sign it. Probable cause is simply a reasonable belief that a crime has or is being committed. It has nothing to do with guilt or innocence, that is the job of the attorneys, the judge, and the juries. 

With that being said, I agree too that many innocent people are accused of comitting crimes in which they had no involvement. Anyone who does not believe that has no idea how our justice system works. Our system is not perfect and there are certainly injustices comitted on a daily basis within it. Possibly the most important thing that we as LE officers have to remember is that our own beliefs, biases, and ideas can not and should not be brought into a case. People lie every day and innocent people sometimes pay the price for that dishonesty. I actually have had many people get upset with me over the years because I routinely refuse to pursue charges on people based solely on someones story. We are usually caught in a no win situation, if you refuse to file charges then you are the bad guy in the eyes of the victim, if you do file charges then you are the bad guy in the eyes of the arrestee. Our system of justice isn't perfect but its still better than most of the rest. Good luck to you and let us know if there is anything that we can do.


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## Boogie1 (Mar 13, 2007)

*Just another jailhouse lawyer for what its worth!*

I'll give you the benefit of your son being home with you and you positively being sure he had nothing to do with this crime. My advise to you is to find out what your son does knows about this if anything was it his friends or someone he knows did he have prior knowledge of a crime to be committed etc. *There is a reason they came to your house and spent their time getting a warrant! Try to find the reason (if you can) it is your quickest way out. * Law enforcement including judges have alot of techniques to get information if they think your son knows something one of the best ways to get him to roll on a buddy is to put him in front of the charge ( or make it look that way). Once he tells them that he doesn't know anything it won't be pretty for him if he comes clean with knowledge latter no matter how slight. One thing to remember is that detectives play this game everyday do not try and outsmart them they know the law that pertains to them and how to bend it. That is where a lawyer comes into play even a bad lawyer knows more than the average Joe on the street and knows what to fear and what is a ploy. I was in law enforcement and I was involved with several interrogations / investigations although I was not a detective I've seen the game played alot. If your son is innocent of everything and I mean everything no knowledge what so ever the best thing he can do is shut his mouth and lawyer up when he is mirandized. An interrogator can convince an innocent man of his guilt if he engages him long enough with conversation. I don't know the numbers but I would venture to guess that well over half the suspects that walk into an interrogation room could not be charged if they lawyered up in the beginning!
Good Luck
I hope its a complete mistake they do happen!!!


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## Mont (Nov 17, 1998)

I am getting tired of editing this thread and will edit users instead if the bickering continues. Chill or be chilled.


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## DRAGNHOO (Apr 27, 2007)

ok mont


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## Mont (Nov 17, 1998)

DRAGNHOO said:


> ok mont


nice try on the quick edit.

This man has a child in trouble. He's asking for help, not some smart aleck opinion.


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## Fish-a-mon (May 21, 2004)

Get a Lawyer. When you are read your miranda rights, it clearly states you have the right to an attorney. Do not speak to no one without a lawyer. Period!!!


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## Mont (Nov 17, 1998)

Here's a couple of links that might help

http://www.hlrs.org/

http://www.texasatj.org/LegalServicesandOth10DA2/index.asp#CRIMINAL DEFENDANTS


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## Lezz Go (Jun 27, 2006)

Please please please get a lawyer. My son was charged with felony assault. Turns out he had an argument with his GF and her friend called the cops and she basically lied. The cops show up at 1:00 AM wanting to "visit" with my kid about a "matter". Being the (not anymore) trusting father I was rounded him up, and they grab him and arrested him. I ask whats going on then I get the "go back in the house!!".

I hired a good lawyer and when the lawyer was done with the witnesses, the matter was basically dropped. 

Do whatever it takes to get a lawyer and remain silent!


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## txbigred (Aug 7, 2007)

Look what the DUKE lacrosse team went through.............

Dave


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## The Captain (Aug 30, 2006)

Get a GOOD attorney, this happened to somneone we know, and he is now on FOUR years probation.


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## Old Whaler (Sep 6, 2005)

If you are having financial difficulty, you can contact the local law schools in Houston. U of H School of Law, South Texas School of Law, and TSU Thurgood Marshall School of Law and they have a program to help people. Good luck and I hope everything works out for you and your son.


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## mastercylinder60 (Dec 18, 2005)

what's in question here in this thread is what iridered needs to do, which is to get the best lawyer he possibly can for his son.

speculating on his son's innocence or guilt, or the repercussions his son should realize depending on either, is not really suitable discussion for this forum.


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## iridered2003 (Dec 12, 2005)

"One thing to remember is that detectives play this game everyday do not try and outsmart them they know the law that pertains to them and how to bend it"

you hit the nail on the head. from what i understand, the leo's are going off a 17 year old kids info from what i can figure out. also this picture they have. none of you guy's know me, but if you seen this pic, you would say it's not my son and like i said, you can't see a face. the kid in the pic is about 6 to 8 inches shorter then my son. my son has broke his collier bone 3 times and his shoulder are kind of forward, not like the kid in the pic. like the cop told me monday, we can't do much with a 17 year old, but your kid is 18! last week in the local paper, there was a artical about a girl that was raped and the person that she said did it was 200 miles offshore on a rig working at the time of the rape and he spent i think it was 4 month in jail for BS! i am going to talk to a buddy that has a lawyer friend and get this figured out. i will keep everyone posted. that's what i like about this site. you can get alot of good info about anything! thank you to all, it's helped me put my mind at some rest. THANKS!


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## Tombo (Mar 15, 2005)

Take control of the situation and be proactive. If you let it play out, might be more of a mess to clean up. Keep us informed. Sorry, but I don't have much experience but a similar thing happened to a friend of ours about six months ago and he is just now getting back on his feet. 

Go to the judge, police officer or detective. Start at the top. By helping your son, it will also help the system. Also get what you can in writing. Documentation goes along way and words alone are worth the paper they are written on. Check the detectives documents. There is a paper trail somewhere.


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## Oldeman (May 23, 2004)

As a former cop, the most inportant thing to remember is, 
1 lawyer up ASAP
2 Don't talk without a parent or lawyer present. 
3 gather all of the evidence that you can get that would clear the boy.
4 Never give any orginals of anything, give copies only.
5 Document EVERYTHING, tape record any conversions that you have with any judge, cop, even what some "friend" of your son says.
I wish you the best of luck, you'll need it.
God Bless and good luck


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## kdubya (Jun 27, 2005)

Good luck to your son.

As everyone else has stated, get a lawyer. 

Also, be careful about what you post on the internet. Protect yourself, and your son. 


Kelly


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## J L Dunn (Sep 16, 2005)

cncman said:


> to say someone wrongly accused has nothing to worry about puts WAY too much faith in a system that executes innocent people, if I were wrongly accused I would not sit around waiting for the cops to figure out a way to clear me, or hope they would, I have been wrongly accused in HS by a cop and put me through hell for 3 days, finally the other person admitted they lied and it was all made up, but the cop sure had his mind made up I had already done it and wasn't interested in checking out anything that did not point to me. If the guy was covering for his son I doubt he would come here and seek advice, regardless he deserves a little benefit of the doubt.


Anyone out there remember a guy by the name of Nifong?


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## FISHGUTS (Jun 5, 2007)

good luck.being a father i hear what you say and i believe what you say about your boy,so i would get a lawyer(like everyonelse says)and you shouldn't have anything to worry about.everything will be ok.man! i wish there was more we could do! please keep us posted.


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## Naterator (Dec 2, 2004)

*good luck*

I hope your son's situation works out okay. I respect that we have some good LE officers on this board, but having been witness to a close family member's experience with LE and treatment by our CJ system for a stupid drug offense, I can honestly say that the system is not fair and that IMO many officers have no business wearing a badge...so, I think that trusting them to do the right thing is a real stretch. SO, cooperate but watch your back. I have personally never gotten help from LE when I needed it, just traffic tickets, and harrassment or apathy on the occasions when we needed help.


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## iridered2003 (Dec 12, 2005)

J L Dunn said:


> Anyone out there remember a guy by the name of Nifong?


 not sure about who nifong is? can you tell me more? you guys and girls are full of good and usefal info. thanks a 1,000,000!!!!!!!


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## kamikaze fisherman (May 22, 2005)

iridered2003 said:


> not sure about who nifong is? can you tell me more? you guys and girls are full of good and usefal info. thanks a 1,000,000!!!!!!!


The ADA that was after the Duke University Lacrosse Team


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## CHARLIE (Jun 2, 2004)

Well before we knock the LEO's too bad, they have to provide enough information to convince the judge to sign the warrant with good information. The judge does not just sign a warrant until he is conviced that it is correct. Yes get a lawyer and also find out (for your own satisfaction) what the connection is between your son and the other guy(who named your son) 

Charlie


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## whos your daddy (Jun 2, 2004)

*LEOs*

Charlie is correct. All the intel and information is written in probable cause affidavit and taken to a judge and the judge makes the determination if enough exist for a warrant to be issued , either a search warrant or an arrest warrant. The officers rely on informants or snitches to provide them with information to get the probably cause to take it to a judge. Sometimes the officer/detective is given bad information and things turn out bad. Hopefully that is what happened with your son. Good luck to your family and I hope things work out well. Just wanted to add to what Charlie said. After being a P.O for 20 years, I know there are some bad apples just like anywhere else. Good luck !


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## iridered2003 (Dec 12, 2005)

CHARLIE said:


> Well before we knock the LEO's too bad, they have to provide enough information to convince the judge to sign the warrant with good information. The judge does not just sign a warrant until he is conviced that it is correct. Yes get a lawyer and also find out (for your own satisfaction) what the connection is between your son and the other guy(who named your son)
> 
> Charlie


i've tried to find out who named my son without any luck. i know it was his friend because the leo's busted him for some other crimes and i'm sure they put him through the ringer and he called out my son. i think one of the kid's in the pic was his friend. he's 17 and already been in trouble before. cop's can't do as much with a 17 year old as they can with a 18 year old. like the cop told me, your son is 18. what hurt's the most, is i know where he was at the time of the crime. like i said before,the picture does not match my son. if my son did the crime, then he can do the time. i guess that i will have to let the lawyer figure it all out. it's just sad that your guilt till proven innocent in this town.


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## mudcatz71 (Jun 8, 2006)

A 17 year old gets the same hammer as a 18 year old. Did your son give a statement or talk to a investigator yet.


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## Toddbo34 (Jul 30, 2006)

Tell your Son to keep his mouth shut and don't say a word to them until he speaks to his attorney. It's obvious that cooperating with them at this point isn't going to get your Son any where.


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## iridered2003 (Dec 12, 2005)

mudcatz71 said:


> A 17 year old gets the same hammer as a 18 year old. Did your son give a statement or talk to a investigator yet.


not from what the cop told me! as for a statement, he talked to them a little bit. he has been told to say nothing more without his lawyer.


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## Seabass (May 22, 2004)

Mudcatz is right. a 17 year old will be put in the same jail/classification as an 18 year old. Only children 16 and under go to juvenile detention centers. A 17 year old can give a statement without a special warning by magistrate that is required for juvenile offenders. 

Seabass


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## CHARLIE (Jun 2, 2004)

Yes 17 year old is an adult in the eyes of the law... your son is innocent until proven guilty. someone has "fingered" him for what ever reason and I am sure all that will be resolved. Your lawyer will get it all worked out. There is also a chance that if you talk with the detective who is in charge of the case he may listen and resolve the issue. He is just working the case and let me assure you he does NOT want to go all the way through the case to find out later that an informant or what have you lied to him. He would like to know now before he puts too much time on a false trail..

Charlie


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## kdubya (Jun 27, 2005)

CHARLIE said:


> There is also a chance that if you talk with the detective who is in charge of the case he may listen and resolve the issue. He is just working the case and let me assure you he does NOT want to go all the way through the case to find out later that an informant or what have you lied to him. He would like to know now before he puts too much time on a false trail..
> 
> Charlie


I speak with people young and old alike everyday who are victims, witnesses, and those who may, or may not be suspects. I would much rather eliminate someone suspected of something rather than wasting my time going down the wrong path. When I file a case, I better be able to affirmatively link an individual to having been directly involved in what is being alleged.
Knee jerk reactions, and filing cases on mere suspicions will ruin a reputation pretty quick within a department.

Again, I wish your son well. You are taking the right steps in protecting his rights.

Kelly


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## CHARLIE (Jun 2, 2004)

Kdubya

is so right.... If folks only knew huh Kelly ?

Charlie


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## kdubya (Jun 27, 2005)

CHARLIE said:


> Kdubya
> 
> is so right.... If folks only knew huh Kelly ?
> 
> Charlie


I love and hate my job so many times in the same day . LOL

Kelly


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## mickey839 (Jun 10, 2006)

My understanding is that they haven't arrested your son yet? All they did was execute the search warrant two days ago, correct? If they haven't come back with an arrest warrant yet, then maybe they realize your son is not the person they're looking for.

And yes, 17 year olds are considered adults in the eyes of the law. They can be arrested, charged, and sent to prison just like adults.


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## whos your daddy (Jun 2, 2004)

*Lawyering up*

People have made suggestions on lawyering up and not saying anything. This definately gives a LEO some additional suspicion that your son may have some involvment. Most folks who are innocent will freely speak to a LEO or Investigator in order to clear their name. Just a thought !


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## bill (May 21, 2004)

Is it a 2 way street? Contact the Investigator, find out their intentions, if they won't tell you, then why not get a lawyer. Anything you say can and will be used against you. Getting a lawyer should never be a sign of guilt.


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## BlueWaveCapt (Jan 8, 2007)

whos your daddy said:


> People have made suggestions on lawyering up and not saying anything. This definately gives a LEO some additional suspicion that your son may have some involvment. Most folks who are innocent will freely speak to a LEO or Investigator in order to clear their name. Just a thought !


IMO this is the worst advice provided. To NOT have a lawyer is just foolish and will be an open invitation for potential disaster. LEOs know what to ask, and how to ask it to get a response close enough to what they want to hear to move forward with an arrest. Just because you are innocent does not mean you have to be foolish.

SIMPLE ANSWER TO ANY Law Enforcement Questioning...NO LAWYER PRESENT...NO CONVERSATION SHOULD TAKE PLACE!! Period!!

I don't care if you were in freaking Calcutta at the time...let a Lawyer become your advisor and NEVER...EVER answer any question without the direct participation of a Lawyer.


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## whos your daddy (Jun 2, 2004)

Well,you have a right to your opinion. I am speaking 20 years of law enforcement experience, not jailhouse lawyer talk. Sir, take whatever steps you can take to help your son out. I would do the same. I am speaking for the side of law enforcement becaue I am more than experienced enough to know what a LEO thinks when a person lawyers up. IMO if a person refuses to speak without having legal representation, that raises some suspicion to me. Maybe down in Galveston they do it different. Please keep us informed of the outcome and good luck to you and your son.


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## mastercylinder60 (Dec 18, 2005)

whos your daddy said:


> People have made suggestions on lawyering up and not saying anything. This definately gives a LEO some additional suspicion that your son may have some involvment. Most folks who are innocent will freely speak to a LEO or Investigator in order to clear their name. Just a thought !


in my opinion, if you are suspected of a crime in any way, it is in your best interest to never answer any questions from an officer or investigator without counsel present, or without at least seeking the advice of counsel first -- even if you are 100% innocent.


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## Texas T (May 21, 2004)

I attended a class in which a DPS Major told us the smart thing is to say nothing with out a lawyer present, you may have the best intentions by explaining the situation but if you say it the wrong way it it hurts rather then helps. He says they tell their own troopers to clam up and wait for their lawyer before allowing any questions. Soooo if it is good enough for Texas DPS troopers it is good enough for the rest of us, too.


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## Levelwind (Apr 15, 2005)

Hate to say it but they're already suspicious. In fact from what you have said I would bet they have gone through the phase shift - from trying to establish all the facts to trying to find enough evidence to convict your son. They invested captital with the judge when they got the search warrant. 

The Miranda warning should be amended to say "Anything you say, or almost say, or I think I hear you say can and will be used against you in a court of law in ways and in contexts you never imagined"


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## bill (May 21, 2004)

You get a notice from the IRS about an audit.
Do you:
A. Go in alone 
B. Bring in your CPA or Legal for advise

Name one person that has the money that would speak to any LEO about a crime they might be a suspect to, that does not go in with legal.

I have many friends that are LEO's but that would not change the fact I would have legal with me if in the same situation.


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## garrettryan (Oct 11, 2004)

Just FYI.. The cops/detective etc will try to pretend to be your friend, tell you that the 17 year old rolled over on your son, it may not have happened, he is looking to get a confession and make his and prosecutions job easier. Do NOTHING! Do not talk to them, remain silent, have your son remain silent. PERIOD.. If they do build a case against your son, then they will indict your son, arrest him and charge him. If this is the case spend money get him bailed out, remind him over and over and over again no matter how much they try to befriend him and try to get information, just tell him to not say a word, not even hello. IT will do HIM NO good at this juncture to roll over on others, mention other crimes etc, all that does is build the case.. once out on Bail, it is very simple have your son show up to court the first time, tell the Judge that he does not have the means to hire a lawyer. Since this is a felony case, the state is required to provide a public defender (aka free lawyer, pay back 500.00 something like that) All public defenders if he is truly not guilty and has a ROCK solid alibi, and it is not him in the picture, no physical evidence, no witness, the case will be dismissed most likely VERY fast. Again.. MOUTHS shut.. even you.. just wait to see how they play their next hand first.

Hope this helps..


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## garrettryan (Oct 11, 2004)

And additional suspicion as far as that has been said for "Lawyering up" will addtional suspicion if your son is not guilty, who cares.. let them dig and dig, and enjoy a little tax dollars, and they will not find anything right? See the post above. It should help. Good Luck, and I will say a prayer for you.


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## KneeDeep&Sink'N (Jun 12, 2004)

*As a detective and father, I can appreciate your concern.*

As a parent, I would be concerned also. You asked for advice from any law enforcement officers and/or attorneys on this board. I can see your desperation in you writings. Some have given good advice and some, well some watch a lot of t.v. Everyone is innocent and railroaded by the police until they are the victim and then the police are a bunch of lazy slobs that could care less about solving any crime. When they are a victim, they can't believe how many stupid rules and points of law and hoops the cops have to jump through, just to put their neighbor's no good worthless son in jail for stealing something from them. How many times have you heard, " the cops won't do an **** thing with out an eye witness and DNA!" Just keep that in mind when reading these posts.

I can tell you a couple of things that you have been told or understand to be true that are not so. 1. There is no such charge/offense as Aggravated Burglary. 2. The conducting of an investigation, court proceedings and punishment for a 17 year old is the same as for an 18 yr. old, or a 50 year old.

A judge of record can sign any warrant but should be, in most circumstances, the only one's to sign evidentuary search warrants. From your post, I'm not sure exactly what type of search warrant it was.

For the officer's to convince a judge of record, usually a district court judge or county judge, to issue a search warrant for evidentuary items such as items believed to have been worn or used by suspects during the commission of a crime, i.e.: A Ski Mask, A Blue Hooded Jacket with the initials B.J. on the right sleeve or to collect DNA or such, then they most likely had a pretty compelling probable cause affidavit that they presented to said judge. In this or any other probable cause affidavit, the officer's would basically list the reasons why they felt your son was directly or indirectly involved with the case or how the evidence ended up at your house.

If it was a search warrant issued to recover "fruits of the crime", i.e.: a stereo, watch, gun or some other item which was taken during the burglary, then basically any J.P. or municipal judge can issue the warrant. Sometimes these judges can be a little more lax when it comes to signing warrants.

So that you, as a parent is not blind sided, I have worked many cases where someone stole something and then had friend "hold' it for them. You said your son was with you. I have no reason to doubt you but could his "friend" have given him something to keep for him for a few days. If this is the case, it will all depend on just what your son really knows about what happened or if he attempts to cover for him. If nothing else, they will go for perjury if he lies in a statement to them. Until you or an attorney have a personal/confidential talk with him to find out his involvement, if any, will you really know how to proceed.

I do not plan to post on this subject again because I don't care to take on a whole lot of jail house lawyers. Speak to your son and assure him you will do whatever you can for him, but for now, have him invoke his right to an attorney if that is what you and he feel is necessary. Do remember this, if he was not involved but knows something, they may want him to give a statement as a witness, not a suspect. In this case he should tell them he will be glad to cooperate once he has consulted with an attorney or has one present.

Good luck to you. Believe it or not, the majority of us work hard to make sure we get the right guy. It is not a perfect system but it could be a lot worse. - Craig :texasflag


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## whos your daddy (Jun 2, 2004)

Some green headed your way !


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## garrettryan (Oct 11, 2004)

Great post Craig


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## BlueWaveCapt (Jan 8, 2007)

Great post Craig!! Well said!!


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## CHARLIE (Jun 2, 2004)

You did well Craig. Hopefully folks will realize its really not like Miami Vice.

Charlie


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## Cazador (Aug 13, 2007)

Well there you have it... the voice of reason. Great post/advise KneeDeep.


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## cat. (Nov 27, 2006)

so whats the latest?


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## iridered2003 (Dec 12, 2005)

he has be picked up on agg rob and jailed since thursday. i have hired a lawyer and will go from there. thanks for all the info. we are new to all this BS! i'm 45 years old and never needed a lawyer for nothing other then my divorce a few years ago. i will say nothing more for now, but when it's all over,i will let all you guys know. again, thanks


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## iridered2003 (Dec 12, 2005)

bailed him out after 15 days. next, it looks like it goes before the grand jury. from there,who knows? the pics i got on line looks nothing like my kid, i just don't understand how the law can put something on you without more then a pic. i have spend $10,500 out of my pocket in the last 2 weeks. can i sue the city orwhoever for the return of my money after the charger's are dropped??


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## rockyraider (Feb 1, 2006)

Sorry to hear that it has gone this far. I would think that if you can prove that the charges were obviously fraudulent and that they were of no merit you might be able to recover moneys via a civil suit. I know that prosecuting entities are afforded some exemptions from civil liability, I'm not sure if this would qualify or not. Consult your attorney on this issue, I'm sure you have paid him enough for some additional advice on the matter. Good luck.


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## Lezz Go (Jun 27, 2006)

Even though you SHOULD be able to recover your attorney fees and other costs for this mess, I seriously doubt that you will. The DA will have some probable cause (insert legalese here) to afford the city immunity from a civil suit. Good luck finding a lawyer to take that case.

My prayers are with you.


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## B2 (Jun 11, 2004)

Your chances of recovering legal fees in this situation are slim and none and slim just left the building.


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## troutslayer (Feb 7, 2006)

I will say this one thing....I hope that you son is proven innocent.....but it is all about money.....If OJ had everyone on this boards salary....he would be in San Quinton

Your son ....innocent or not needs good representation

Good luck


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## iridered2003 (Dec 12, 2005)

i don't think i can recover nothing! it is something i am going to look into after this is all settled. i don't even think i will get a i'm sorry from the GPD! that's ok!


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## bullfishin (Apr 26, 2007)

Your son has rights at the grand jury hearing too. Sometimes you can get a dismissal then. Try to avoid the endictment if at all possible.


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## iridered2003 (Dec 12, 2005)

ok, here goes. after $12,000 my lawyer has seen the video of the crime and can see as plan as day that this is not my son! now, we still have to prove it. it has to go to the DA and then the DA will go back to the DEC to see if he has anything else. very sad! has put a strain on my whole life,money,wife andmyself. it's to the point where i have no trust in the local law! once this is all dropped, my son will still have a RECORD for this rest of his life which is not fair to hiw when he has done nothing wrong! it may say dropped on his record, but anytime he goes for a jod, he has to defend his self again. sad sad sad! you guy's have been very helpful with this and i just want to say THANK YOU TO ALL of you. it's crazy how US fishermen/fisherladys stick together


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## Lezz Go (Jun 27, 2006)

Welcome to the FUBAR world we live in. Twelve thousand dollars of hard earned money wasted on the broken legal system. What a shame.


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## CoastalOutfitters (Aug 20, 2004)

"my son will still have a RECORD for this rest of his life ?"

if he is acquitted and chges dropped , why?

just asking..


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## iridered2003 (Dec 12, 2005)

CoastalOutfitters said:


> "my son will still have a RECORD for this rest of his life ?"
> 
> if he is acquitted and chges dropped , why?
> 
> just asking..


from what i understand, after the charges are dropped, it will appear on his record forever as dropped, but how do you defend yourself everytime you find a new job? it's has to be EXSPONGED,not sure if i spelled that right? thats another $5000.00 or more. i'm going to try after this is over, but not sure if my bank acct will allow it? thanks guys!


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## txhoghtr (Aug 14, 2006)

If the charges are dropped then go ahead and spend the extra $250.00 to have the arrest expunged from his records. All records once ordered have to be distroyed. I know it is like pouring salt on an open cut but it will keep him from fighting the record the rest of his life.


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## iridered2003 (Dec 12, 2005)

txhoghtr said:


> If the charges are dropped then go ahead and spend the extra $250.00 to have the arrest expunged from his records. All records once ordered have to be distroyed. I know it is like pouring salt on an open cut but it will keep him from fighting the record the rest of his life.


i'm going to do whatever i can to get this off his record. i'm really not worried about the money other then i'm out of it at this time. i hope i can do it for $250???? please tell me more.


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## kdubya (Jun 27, 2005)

iridered2003 said:


> ok, here goes. after $12,000 my lawyer has seen the video of the crime and can see as plan as day that this is not my son! now, we still have to prove it. it has to go to the DA and then the DA will go back to the DEC


$12,000 that lawyer has taken, and the case hasn't gone to the DA?

Is he telling you they probably wont indict the case?

What is the DEC?

Your lawyer should know about expungement procedures (should anyway).
Here's a link that may answer some questions.

http://www.expertlaw.com/forums/archive/index.php/f-198.html

Kelly


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## iridered2003 (Dec 12, 2005)

went to court this past thursday and my lawyer was able to talk to the DA. court was postponed again so the DA can talk with the GPD to see what else they have. the person they say is my kid is the same person that hit 2 more stores within the last few weeks and i know my kid was at work when these 2 happen,then they put a pic in the local newspaper and you can see it's not my kid.it's a pic of the same person that did the first crime. now all the dumba$$ at the GPD have to cover their a%% so they don't look like IDIOTS! i can't wait till all this BS is over.


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## Redstalker (Jul 4, 2004)

DRAGNHOO said:


> One of two things will happen... Your kid DID IT or DID NOT DO IT. If not, he will be cleared fast and easy. If he did do it, he deserves every bit of what coming...and odds are more as the criminals today seem to get off too light.
> 
> So don't worry, I'm sure your angel will be cleared since he was sitting there having lunch with you and for no reason what's so ever, the police knocked on your door out of all the doors out there.
> 
> ...


Unless the DA or the officer value there arrest record more than an innocent mans freedom! To the 99.9% officers who do not act this way Thankyou for your service.


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## iridered2003 (Dec 12, 2005)

update. got call from my atty last friday and things look really good. from what i understand, he was able to sit down with the assc DA and 3 prosacutors and all said that my son is not the person in the video or pictures. now it has to go to the big wig DA to be dropped, but my atty said this DA is a real BUTT. if the DA does not drop all charges, he will set it for trial. atty said theres no way any jury would find my son guilt of anything and make the GPD look really bad. i guess someones going to look bad, and it aint my son. we go to court on mar 27, so i will post the outcome. i can't wait to get this off my and my sons back. until then, fish hard and have fun.


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## deke (Oct 5, 2004)

Sounds good! But stay alert until all is cleared, and did you record(or was it transcribed) your conversation today? If they all say it sin't your son, but the head BUTT,lol, just wants a conviction you could use all his people against him. I am skeptical about DA's, my younger brother was arrested in the hallway at a 4star hotel heading to his room because there was a party onthe floor and he and his wife happen to walk by when the cops were breaking it up. They said public intox, resiting arrest(shouldn't have done it anyways), and obstruction, basicly any little BS thing they could come up with, they were filling a paddy wagon and everyone was fair game. The DA was runnig for office and wanted to boost his conviction #'s. He actually tried to send my brother to PRISON!! For an MIP! Not even a ticket on his record. It went all the way to court, cost my father thousands, and the judge threw it out in the first 15 minutes. I trust no one in the DA's office, my dad helped campaign against this guy, he is now out of office,lol.

So please still watch your back and I hope everything comes out great for your son.


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## backlash (May 29, 2004)

I agree with what deke said. Good luck!!!


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## iridered2003 (Dec 12, 2005)

deke said:


> Sounds good! But stay alert until all is cleared, and did you record(or was it transcribed) your conversation today? If they all say it sin't your son, but the head BUTT,lol, just wants a conviction you could use all his people against him. I am skeptical about DA's, my younger brother was arrested in the hallway at a 4star hotel heading to his room because there was a party onthe floor and he and his wife happen to walk by when the cops were breaking it up. They said public intox, resiting arrest(shouldn't have done it anyways), and obstruction, basicly any little BS thing they could come up with, they were filling a paddy wagon and everyone was fair game. The DA was runnig for office and wanted to boost his conviction #'s. He actually tried to send my brother to PRISON!! For an MIP! Not even a ticket on his record. It went all the way to court, cost my father thousands, and the judge threw it out in the first 15 minutes. I trust no one in the DA's office, my dad helped campaign against this guy, he is now out of office,lol.
> 
> So please still watch your back and I hope everything comes out great for your son.


i wish i had recorded it, but thats what i paid good money for, to let the atty do everything. i will never let my guard down anymore around here. can't trust the cops, then who do you trust? most of you guys and ladies have been so cool about this and all i can say is THANK YOU for your advice. to the others that think wrong about this, well i hope it never happens to you. if it does, then you can run your mouth all you want, because you will see what side of the fence i'm on right now. till court date, fish hard and be careful on the water


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## John Galt (Aug 6, 2006)

Lezz Go said:


> Even though you SHOULD be able to recover your attorney fees and other costs for this mess, I seriously doubt that you will. The DA will have some probable cause (insert legalese here) to afford the city immunity from a civil suit. Good luck finding a lawyer to take that case.
> 
> My prayers are with you.


I am not a lawyer, but could you sue the parents of the kid who fingered your son? Slander, defamation, or something like that? I'd guess the ID of who it was would come out as part of the investigation..or discovery.

Get yourself some junkyard dog lawyer who works on a contingency fee..it will cost you nothing. You might or might not recover anything, but you get the satisfaction of putting the kid and his parents through the wringer. Force them to pay some legal fees, maybe lose their house or cars and piece of mind.

Side benefit is, it will probably stop the kid from ever wanting to associate with your son again, which it sounds like you probably want anyway if the kid is the kind of scumbag who would help himself at the expense of your innocent son.


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## Nick Smith (Dec 5, 2007)

I recommend that you all read "The Innocent Man" by John Grisham. This book is the true details of a court case in which an innocent man was suspected of a crime, evidence was manufactured against him, and he was found guilty and served years on death row until DNA evidence cleared him of the crime.

The book will teach you how serious an investigation and an interrigation really are. In the book, a suspect told the cops about a dream he had. They used it as fact and convicted him. It is very educational, and is an entertaining read.


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## txhoghtr (Aug 14, 2006)

Just got an emial about this thread being updated and read back through since my last post. I kinda take offense to the "never trust the police" bit. I understand the idea behind the feelings but keep in mind it was not the police who fingered your son it was a codefendant. I am not saying that maybe someone should have taken a harder look before filing for the warrant and charges. Keep in mind not all cases work out this way and all. Not trying to turn the tieds here I still agree with you that you and your son are getting the short end of the stick but the officers did not just pick your son they were directed to him. My 2 cents....I still wish yall the best of luck.


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## rayray (Feb 12, 2008)

ive been a police officer for 12 years now. i have drawn up search and arrest warrants. there are a lot of hoops to jump through in the county i am in but i dont think its that hard to get warrants, especially search warrants, in more rural counties. An alibi is a good thing, escpecially a credible one. He still has to be convicted by a jury of his peers and you will get the chance to take the stand. just remember that if your son is innocent and the evidence against him is circumstantial then he should be fine. i can tell you that when a parent vouches for their child i take it with a grain of salt. no one believes their child is ever guilty of anything so dont misunderstand the officers lack of compassion for anything other than him just doing his job.


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## Lezz Go (Jun 27, 2006)

I don't balme the cops at all. I blame the DA for costing this man $12,000 that he will never get back. A simple look at the tape and all of this would not have happened. 

People forget that DA's are politicians first.


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## iridered2003 (Dec 12, 2005)

rayray said:


> ive been a police officer for 12 years now. i have drawn up search and arrest warrants. there are a lot of hoops to jump through in the county i am in but i dont think its that hard to get warrants, especially search warrants, in more rural counties. An alibi is a good thing, escpecially a credible one. He still has to be convicted by a jury of his peers and you will get the chance to take the stand. just remember that if your son is innocent and the evidence against him is circumstantial then he should be fine. i can tell you that when a parent vouches for their child i take it with a grain of salt. no one believes their child is ever guilty of anything so dont misunderstand the officers lack of compassion for anything other than him just doing his job.


the detective on the case is a highly respected person and when i have told the truth from the start, that makes him a bad cop to me. who are they going to believe? me and the innocent kid. or the respected cop? to all of them, i'm nothing. i know my sons whereabouts when this crime happen, in my living room have lunch with me. did that mean anything? nope! i respect a cops for doing what they do, but when you have some **** like this on your back, its not fun. it has hurt my life and my family all the way around. let me cause your family $12,000 for nothing and see what happens to me. you would have the law all over me. like i said, i respect all cops as long as they respect me. thanks for doing what you do.


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## iridered2003 (Dec 12, 2005)

court was postponed again. da was at some class or some **** like that??? next court date is 4-23-08. i will post then. thanks everyone


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## John Galt (Aug 6, 2006)

iridered2003 said:


> court was postponed again. da was at some class or some **** like that??? next court date is 4-23-08. i will post then. thanks everyone


Man...I can't beleive the way they just jerk you around...


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## iridered2003 (Dec 12, 2005)

well,well,well! no more DA postponeing this ****! going to pretrial on the 18 of aug and if they decide to not drop it, my lawyer is taken it to trial which will start aug 25. i can't wait till this is out of my LIFE! i am sick of all this. thanks for all the input. fish on


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## bzrk180 (Jan 7, 2008)

I will tell you from experience... If it sounds like something isnt "right" then something isnt "right"

If they were able to obtain a search warrant for your home and an arrest warrant for the charge then they have evidence to support what they are saying. IF the evidence is incorrect, that will come out in trial but as of right now, it sounds like your son is in deep.

Advise him to keep his mouth shut and politely refuse to answer any questions. Get an attorney ASAP and have him or her do all the talking for you. I would also get a bondsman lined up so when he is arrested, you can get that process done quickly. SOmetimes, if you get the bondsman lined up, he can get your son out quickly.

The system works a particular way and the lay person can get caught up in it and get lost quickly. Everyone else knows how to play the game...Get somone on your side that knows how to play the game as well. If your son is truly innocent, you want to make sure he gets this behind him...A charge like this wil effect his life forever.

Also, remeber, if he is an "adult" then he will be responsible for his actions with this....... any way it goes

Good luck!!


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## iridered2003 (Dec 12, 2005)

bzrk180, thanks. go back and read all of this. lots of BS! this going on 1 year this month. i will be so happy when all is said and done.A charge like this will effect his life forever? its ruined his life as far as i'm concerned. if any of you seen the evidence they were looking for and what they took, you would question the detectives. wait till it all comes out. never said my son was a goody tooshoe, but hes not what they sat he is!


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## bzrk180 (Jan 7, 2008)

iridered2003 said:


> bzrk180, thanks. go back and read all of this. lots of BS! this going on 1 year this month. i will be so happy when all is said and done.A charge like this will effect his life forever? its ruined his life as far as i'm concerned. if any of you seen the evidence they were looking for and what they took, you would question the detectives. wait till it all comes out. never said my son was a goody tooshoe, but hes not what they sat he is!


Sorry, I didnt notice the date of the original post and just responded to your info...Didnt read all the other posts.

Hope it is over soon for you.


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## TxFig (May 4, 2006)

BertS said:


> who can fault a parent for thinking the best of their child?


Me, for one. Parents have a responsibility to think *THE TRUTH* about their kids. Burrying one's head in the sand by lying to one's self is doing a dis-service to their kids and is a sign of bad parenting.

Note: not saying the parent in this case is doing it. They very well could be looking at the facts of the case and coming to the conclusion that the evidence against their kid is weak.



> the last time I checked, a person is still innocent until proven guilty........obviously, except by you....


Hey dumbcrack - that is NOT the correct quote. The correct quote is

_"a person is *PRESUMED* innocent until proven guilty"_​Actual guilt or innocence is a fact that is yet to be determined and does not change with the level of information.

Also, the saying has relevance *ONLY* in a court of law. In an investigation, parential judgement, or a message board, the quote is meaningless.


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## JED (Nov 14, 2004)

iridered2003 said:


> bzrk180, thanks. go back and read all of this. lots of BS! this going on 1 year this month. i will be so happy when all is said and done.A charge like this will effect his life forever? its ruined his life as far as i'm concerned. if any of you seen the evidence they were looking for and what they took, you would question the detectives. wait till it all comes out. never said my son was a goody tooshoe, but hes not what they sat he is!


This is taking far too long to be settled and looks like the ADA is stalling and/or reaching for straws. For a ADA, time is your worst enemy in a criminal trial, ie. witness' memorys fade yada yada.. The constitutional right to due process should definately be mentioned to the judge and the fact that a pending felony charge prevents your son from finding a good job and leaving the county all together without permission from the court among many other restrictions..IMO if the ADA had much to go on he/she would have done it by now... Also when it does go to court tell your lawyer that your son needs an 'order of expungment' if/when they drop the charges.. This will totally wipe the arrest and charge off your boy's record.


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## bzrk180 (Jan 7, 2008)

TxFig said:


> Me, for one. Parents have a responsibility to think *THE TRUTH* about their kids. Burrying one's head in the sand by lying to one's self is doing a dis-service to their kids and is a sign of bad parenting.


And tell me how is one to know the *"Truth"* if one is not present when an incident takes place and actually watches the event?

Many people dont bury their head in the sand, but rather only have the information they have on their kids and their kids word.

Without evidence to prove any different, I am going to side with my children *ALWAYS!!! *(Granted, I wont be made a fool of or not look at evidence that shows different... Kids are kids for sure. That would be burying your head in the sand)

If my kids cant count on me to be there for them, who are they going to count on?

Now, show me my kid is guilty, let me see a trend of lies and deciet, let me find that they have been leading me on, etc... then this is a different story.

The "TRUTH" I am going to think about my kid (until proven otherwise) is that I taught them good morals and good values and a sense of responsibility and will act accordingly. If no one can show me evidence to support otherwise, I will go to war with my kids.

Thats not "bad parenting" my friend, that is modeling behavior and supporting your children.


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## iridered2003 (Dec 12, 2005)

txfig. no head in the sand here. if he did the crime, he does the time! i'm not going there right now, but when all is said and done, we will see WHO was telling the truth the whole time.

_"a person is *PRESUMED* innocent until proven guilty"

you said the above, you don't know what your talking about! my son is guilty till proven innocent in galveston at the tune of over $15,000! if you pull your head out of the sand, maybe you will catch up with time. after all, it is 2008????
_


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## hdc77494 (Aug 28, 2007)

I don't know if he's innocent or guilty, but the best shot he has is with competent and agressive counsel. Otherwise, you get railroaded. Prosecutors don't care either, they just want their convistion percentages to stay up so they look good in the press and when they run for political office. I went through some of this with my own son several years ago. He's still paying in lost job opportunities, and all he did was threaten a guy that was stalking my son's girlfriend. Stupid, but not seriously criminal. I figure it's cost him $100K in income and he's only 25.


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## TxFig (May 4, 2006)

bzrk180 said:


> And tell me how is one to know the *"Truth"* if one is not present when an incident takes place and actually watches the event?


Don't read more into what I wrote than what I actually said. I did not say "presume your kid is guilty". All I said is "don't presume they are innocent".



> Without evidence to prove any different, I am going to side with my children *ALWAYS!!! *


Police with a search warrant *is* pretty strong evidence. It is *at least* strong enough that you shouldn't be taking sides one way or the other.

"Seeking the truth" means you're not believing either side. If you're taking sides from the outset, your judgment is clouded from the beginning - making finding the truth all that much harder.

Edit - by the way - I am in complete agreement that he should have legal council present when talking with the police. The cops aren't always after "the truth" either.... (and I can say this because my mom was a cop - and I know how she and her buddies were).


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## whistlingdixie (Jul 28, 2008)

I did not take the time to read everyones opinion on this matter. I did read the first two pages and understand what is going on. First of all if is not hard to get a warrant to search a house if they have some kind of evidence. They did not get your sons name from the video tape. Somone had to have put him there or he has commited a similiar crime before and they have him on file. If someone is accusing your son of being there and you say he is with you then you have two eye witnesses, yourself and the other person. With a good lawyer he would bring this up but the DA will say your his father and you are protecting him. Thats where you have to estabilish other witnesses saying that you indead have lunch with your son everyday at that particular time. Now if a common person can not see a face in the video and clearly identify the accused then the video can not hold up in court due to it kinda looking like him. Remember that in america you are innocent until proven guilty. The DA has to prove without a reason of doubt that your son commited the crime. You need to find out what evidence they have against your son and if it is an eye witness saying it is your son then you need a lawyer but if they just think it kinda looks like him then any attorney could defend him. I have not even completed law school and with the information you told me sounds like it is just a suspect and they are sorting things out. If you can not afford a lawyer then you need to get one appointed to you because i would hate to see a innocent boy go to jail.


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## SpecklFinAddict (Dec 19, 2004)

whos your daddy said:


> People have made suggestions on lawyering up and not saying anything. This definately gives a LEO some additional suspicion that your son may have some involvment. Most folks who are innocent will freely speak to a LEO or Investigator in order to clear their name. Just a thought !


I'm biting my lip on this one. In a perfect society.....

Just get a lawyer anyway possible. The LEO's are only doing their job, let the lawyers do there's. The truth will come out eventually oneway or another. If you need a referel to a good lawyer, I know a couple, but they're not cheap. I would trust them though...they're both fishermen!

****...I didn't look at the date either. Dad gum it!


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## wish2fish (Mar 1, 2005)

Old thread but I have to say.....


From experience....YOU ARE GUILTY UNTIL YOU PROVE YOUR INNOCENT.


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## iridered2003 (Dec 12, 2005)

*10 days to go*



wish2fish said:


> Old thread but I have to say.....
> 
> From experience....YOU ARE GUILTY UNTIL YOU PROVE YOUR INNOCENT.


care to fill us in on your experience? it not thats cool. i just think it may help some people understand that the cops are NOT always right. thanks


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## iridered2003 (Dec 12, 2005)

http://www.crimestoppersgalveston.com/wst_page5.html

look at the agg rob august 27,2007 the photo#1 is the one they say is my son. i will post a pic of my son also


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## iridered2003 (Dec 12, 2005)

heres a couple of pics of my son. i can see plan as day this is not my kid. what else do they need?


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## iridered2003 (Dec 12, 2005)

the hat they found in my home was a nextel nascar hat which that ain't the hat in the pic. the pants they took were the type that have the zipper just above the knees to rempve the lower part of the pants. you can see the zippers on the pants they took, but you see no zippers in the pictures. look at the pointed nose and chin of the idiot in the pic on GCS and then look at the pics i posted of my son. none of this **** adds up????? looked at the bowed right leg of the idiot.


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## ccrocker1313 (Oct 23, 2005)

Here is a real good friend of mine # 713-655-8085 Candy Elizondo maybe he can Help you...Good Luck....


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## iridered2003 (Dec 12, 2005)

ccrocker1313, what is it that candy does? i have a very good lawyer already. just have to ride the train of the system. thanks


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## bzrk180 (Jan 7, 2008)

TxFig said:


> Police with a search warrant *is* pretty strong evidence. It is *at least* strong enough that you shouldn't be taking sides one way or the other.


A search warrant is only evidence to lead to suspicion that is reasonable enought to gather more evidence...That in no way is "proof" "evidence" to show this particular person committed the crime. A search warrant is simply a "tool" to gather more evidence that will help prove or disprove this case better.

A search warrant would have me question my son but until evidence has been shown to me that a reasonable person would say that my child was the one, I am sticking by my child.

I will have many questions of my own but again, until evidence is shown to prove his GUILT (not suspicion of guilt) I am standing by my son...

As a parent, thats my job...The job to find my son guilty is that of the courts and law enforcement agencies...Not me!


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## Fishin' Mike (Jun 6, 2006)

I have been in this very situation, 8 years ago with no parents around to provide support. I will agree with the statement that you are guilty until proven innocent, anyone that believes it is the other way around has never been in this situation.

I was steadfast in my innocence and luckily I had an understanding lawyer that disliked the business owner and knew it was all BS. I was repeatedly asked to be questioned by the PD detectives but when my attorney laid out the stipulations the PD would never go for it. It was a big railroading scheme. The head Vice / Narc detective was even on my side, he knew it was not me and was friends with the business owner but the owner never let the case go, he was working hand in hand with the detectives and DA on the case,,,,,,,,until he was picked up for domestic abuse for beating his wife. 

The case took on a new face for a short time due to a conflict of interest or other term like that, basically, his word was moot against me since the DA now had a case against him. Needless to say his wife dropped all charges against him so they could continue the fight against me, in order to claim a hefty insurance settlement on the business.

This **** hung over my head for 2 years, all the rescheduling tactics to gain more evidence, it will wear you out but you have to remain strong.

Finally it went to court and we all showed up for the pretrial hearing. I was in there with some serious thugs and just sat until the case was brought up. My lawyer went up to the front, conversed with the DA prosecutor and then came back over to me where I was sitting in the courtroom and whispered, "The Judge just dismissed the charges, stop by my office in the next couple of days to pick up the paperwork, now get outta here cause Mr.********(owner) is about to get ******."

That was it, a pile of freaking grief. Then 30 days later the Lawyer calls me and tells me he hears the clown is sueing me in civil court for the loss.

Keep strong and please post the outcome.


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## iridered2003 (Dec 12, 2005)

mike, thanks. makes me feel a little better to hear that we are not the only ones that have been in this spot. theres alot of people on this site that have gave me a peace on mind if you know what i mean, then theres a few that don't know their *** from a hole in the ground. some make me feel guilt. i guess when you have been through the sort of thing, you really know what your talking about. in the end is all that really matters


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## TxFig (May 4, 2006)

bzrk180 said:


> A search warrant is only evidence to lead to suspicion that is reasonable enought to gather more evidence...That in no way is "proof" "evidence" to show this particular person committed the crime. A search warrant is simply a "tool" to gather more evidence that will help prove or disprove this case better.
> 
> A search warrant would have me question my son but until evidence has been shown to me that a reasonable person would say that my child was the one, I am sticking by my child.
> 
> ...


You know - I was actually agreeing with you....

Right up until your last sentence. Reading that one made me shudder.

It *IS* your job to know what your kids are doing and what they've done in the past. It's called "good parenting". Despite Hilary's claim back in the 1992 election, it is not "the village's" responsibility to raise kids - it is the parent's and the parent's ALONE.


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## bzrk180 (Jan 7, 2008)

TxFig said:


> It *IS* your job to know what your kids are doing and what they've done in the past. It's called "good parenting". .


Go back to my original statement....

If my child tells me something, claims that it is *the truth* and I have no *EVIDENCE* to support other than what he/she is telling me, then it is the job of the courts to determine the guilt of what he did or didnt do...It is out of my hands.

Unless I have seen *PROOF* that leads me to do anything but believe him/her, I am going to believe him/her....*THATS good parenting!*

If I am wrong, he lied, I stood by him/her and found out he made an idiot out of me and himself well then, the issue changes. This also changes my relationship with my child.

If something happens again, am I going to be skeptical?? YOU BET!!! But if my child has been honest with me *always* and up front with me *always *then I will stand by him/her *ALWAYS!!*

There are plenty of critics in this world, plenty of people to pass judgment....Our kids need more models, not more critics!


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## iridered2003 (Dec 12, 2005)

tx iig. i understand its my job as a parent to know what my son is doing and what hes done in the past, but you can't be with your kids 24 hours a day 365 days a year. its just not going to happen and if it does i think its like hurting the kid as to not give them the space and trust they need to growup. the truth of this case is that he was with me at the time this happen. does anything add up? if so, i haven't seen it. 

bzrk180, my son has lied to me in the past and done a few things that ain't right, but when he was here at the house with me, it really does not matter if hes lied to me in the past or not. its sad when a parent tells the truth and the cops, the guys i was raised to respect and trust make you feel like you are lying and did something wrong yourself.


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## Aggieangler (May 28, 2004)

So you have a week to wait until the next BS delay in the system? This would be killing me. I feel for ya bro!


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## iridered2003 (Dec 12, 2005)

ok, tomorrow is the day. we will see how it goes this time. thank you all for your input on this matter and i will post the outcome of court monday


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## Bobby (May 21, 2004)

Good Luck!


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## kdubya (Jun 27, 2005)

Good luck to your son. May the justice system work as it should.



Kelly


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## John Galt (Aug 6, 2006)

Prayers sent for both of you.


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## Don Smith (Nov 24, 2007)

Good luck today. Hope things turn out well for you and your son.


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## iridered2003 (Dec 12, 2005)

went to court today and what do you know. the same old ****! its on the trial docket and is #51 on the second week. there must have been 200 people in this small courtroom. wheres the firemarshall when you need him? i forgot, WALMART! watch your mouth youngman! talked to the lawyer and still don't understand it? i'm not really sure how it all works and really don't care, but can someone tell me what i am missing so maybe i can understand. not sure if i am understanding the lawyer. YES, i'm a DUMBASS when it comes to all this legal bullpoopoo. thanks for the support from everyone


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## iridered2003 (Dec 12, 2005)

to you that have not read this thread, please read it all before you reply. got a call today from my atty and all charges will be dropped. wonder why?????? i will not say why, but it starts a new chapter in my life. thanks to all of you that have faith in me and my son and shame on the others that put so much TRUST into the system that does not work. now its time to play hardball with the system.


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## boom! (Jul 10, 2004)

Congrats on the judication! As far as playing hardball with the system, let us know how that works out. Again, I am glad your son can put this behind him.


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## Team S.A. Blue (Sep 8, 2004)

Im glad to hear it all worked out. These cases take so long to reach an ending. Every court system is the same thing. I think it was over pretty quick. i know cases where 2-3yrs is normal. Hang in there, sorry you had to spend all that money.


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## Brokejeep (Oct 12, 2008)

I can understand a little of this but I got lucky early. When I was twenty my roommate and I let an aquaintance stay for one month then kicked him out, about a month later at 6am one morninig my front door was kicked in and I was taken to jail for attempted murder. I had no idea what was going on and was scared stiff, I was accused and interogated for three hours and was very confused because the cops had several eye witness that said that I shot someone in the face with a shotgun. Well the guy that stayed in my appartment was with the shooter and was in another room and when he found out that I had been arrested he started talking and told them that I was not the one and who the guy was that did it. I'm glad he liked me more than the guy he was with at the time because the cops new for sure it was me. I was very close to being in the same boat since the eye witneses fingered me and I had no proof that I was in bed with my gf at the time.
Glad it has worked out for your son and sorry it has cost you so much..


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## 2slick (Dec 5, 2008)

*Wow....*

Hadn't read this thread before. Man it sucks how such minute evidence as someone's accusation can cost a person so much misery and money. We were almost financially devastated a few years back by such a situation. I don't trust anyone anymore. I try to respect LEO, but never turn my back. You never know who you are dealing with. Remember, one bad apple can spoil the whole box.

Glad this situation ended up as good as it did. Forget the money, you'll never recover it.


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## HoustonKid (Dec 29, 2005)

iridered2003 said:


> to you that have not read this thread, please read it all before you reply. got a call today from my atty and all charges will be dropped. wonder why?????? i will not say why, but it starts a new chapter in my life. thanks to all of you that have faith in me and my son and shame on the others that put so much TRUST into the system that does not work. now its time to play hardball with the system.


How can you say the system did not work? You knew your son was not guilty, and the case was dismissed.

Now all be it the system sucks at times, but it clearly worked in this case.

Just wondering.

I am happy for you and your son that it turned out how it did in the end.


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## iridered2003 (Dec 12, 2005)

HC said:


> How can you say the system did not work? You knew your son was not guilty, and the case was dismissed.
> 
> Now all be it the system sucks at times, but it clearly worked in this case.
> 
> ...


maybe you need to go back and read every reply to this post. its clear that the system %[email protected]#&* my for $ 15,000.00 dollars! how is that a system that works? if it works so well, then tell me how to get my $15,000 back without spending another $10,000 to fight it?


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## Big Boggy Wader (Sep 13, 2005)

You Said "to you that have not read this thread, please read it all before you reply. got a call today from my atty and all charges will be dropped. wonder why?????? i will not say why,"

Just curious, what is the big secret :question:


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## iridered2003 (Dec 12, 2005)

bbw, no big secret. they had nothing. i am not at liberty right now to say much. i will when i can


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## HoustonKid (Dec 29, 2005)

I have read the whole thread, and I did before I posted. I said the system sucks at times, but in the end, your kid is free.

Not sure why he was fingered in the first place, but if it was one of the bad guys (picked that up from part of the post I read), sue him in civil court. Not sure you will get anything, but you may.

I am no lawyer, but if the law acted in good faith, not sure you will have much luck there.


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## iridered2003 (Dec 12, 2005)

but if the law acted in good faith, thats the problem with the cops in galveston! they just need a body to put with a crime no matter if it was you or not. just think, the person that did this is still out there doing more crimes and someone my end up dead due to a few cops that can't do their job right. i hope, well it would not be right for me to say what i hope happens to all the cops involved in this case. every DOG has its day!


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## Lezz Go (Jun 27, 2006)

HC said:


> I have read the whole thread, and I did before I posted. I said the system sucks at times, but in the end, your kid is free.
> 
> Not sure why he was fingered in the first place, but if it was one of the bad guys (picked that up from part of the post I read), sue him in civil court. Not sure you will get anything, but you may.
> 
> I am no lawyer, but if the law acted in good faith, not sure you will have much luck there.


Yes, his kid is free only because he coughed up $15,000 to fight the system. I hate to think what might have happened to the kid if the money had not been available.

The law did not act in good faith IMO.


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## iridered2003 (Dec 12, 2005)

Lezz Go said:


> Yes, his kid is free only because he coughed up $15,000 to fight the system. I hate to think what might have happened to the kid if the money had not been available.
> 
> The law did not act in good faith IMO.


THANKS! some people put so much TRUST and FAITH into a broken system like i did, till they are pulled into a case like this then they see that side of it and think a whole different way afterwards. how can i trust it now if i need it on my side or the other.


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## iridered2003 (Dec 12, 2005)

the case was dropped due to THEM, THE COURT OR STATE not being able prove their case BRD. they never had nothing at all. thank you to everyone that has replied.


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## Igottafish (Oct 26, 2006)

I am so happy for you and your family., Gives me Hope!


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