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Is my 18 year old son eligible for free legal counsel for 2 felonies? And 2 Trespassing charges?

Gates, NC |

My son is not yet prosecuted for sales to delinquency of a minor. The minor was charge for possession of Cannaboids and he was also charged for trespassing. What can I do for my son to help him get the help he needs for these 2 felonies he is facing and the 2 trespassing charges.Also he did not actually sell, he only delivered.It belonged to someone else who had him sell for him and it was k-2 . My sons whole future is at stake here. He is a student in HS and needs help and I do not know where to turn since I am disabled and do not know what to do. I do not want my son charged for felonies. I would rather it all be misdemeanors and be able to finish HS and start the work force.
If we could let him join a branch of serice it would be great help for him for discipline.

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Attorney answers 2

Posted

Need more information.

Normally one must first be "charged" with offenses prior to the appointment of counsel process. Assuming he qualifies, having been found "indigent" after preparing an Affidavit of Indigency, the Court would appoint counsel. . .which may or may not be a Public Defender.

The inquiry did not list a town / county in North Carolina. Some judicial districts appoint private attorneys as counsel. Other districts have a formal Public Defenders office.

Either way, it wouldn't hurt to seek out legal advice from an attorney. Many criminal defense attorneys offer free, confidential consultations.

That is important, as one would want to limit conversations / admissions to law enforcement during the period of time between an investigation and formal charges.

As to the service, generally speaking, it's pretty common for the military to require completion / closure of all criminal charges prior to going to boot-camp. And while military service is an EXCELLENT opportunity, there are some charges that may preclude admission. It can get complicated.

Keep your chin up. This is one of the hard parts about being a parent. Your son is clearly an "adult" in the eyes of the law. Probably the best thing he has going for him is the love of a clearly concerned mom.

Best of luck to you!

bill powers

NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.

Asker

Posted

Thank you Bill, I am an extremely concerned Mom and he has a life ahead of him. He will be 19 in Sept. 2012 and is finishing up high school this year for half a year. I would rather him spend that time concentrating on his studies, but also know he wishes not to go into the military unless ordered to but they do not do that anymore. It is Gates County District court and all my time is spent worrying about so much. He is my youngest and only boy and his father's Pride and joy. His Dad is a Marine Vet and we have both taught him right from wrong. Thank you for your best wishes. All are needed for me as a concerned parent. Thanks so much !

Posted

Dear ?,

You need to find the closest office of the public defender and telephone them. Your son is constitutionally entitled to counsel provided by the State if he is indigent.

Yours sincerely,
Tim Provis
Cal. Bar No. 104800
Wis. Bar No. 1020123
Member: U.S. Supreme Court Bar

Asker

Posted

Thank you so very much ! I appreciate your help. If you have NC laws about Indigent please let me know. Hugs. Me !

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