the State's evidence is the testimony of the two witnesses ( which was intoxicated roommates and her boy friends totally stranger to my son.) and a police report. My son got arrested while he was sleeping.
after first hearing, they offer him two years probation and non conviction. ask him do some deposition.
can he get public lawyer since he is a college student?
what's the two year probation mean? should we accept the offer for now?
Since your son is still under the age of 21, is eligibility for a public defender will depend on your financial circumstances. If the judge decides that you can afford a private attorney, then your son will not be given a public defender. You would either have to pay for an attorney for him or leave him at the mercy of the prosecutor.
I'm not sure what you mean by a non conviction. If your son was offered two years probation, then that means the prosecutor wants him to plead guilty to a crime which is a conviction. Two years probation would mean that your son will have to meet with his probation officer regularly, submit to random drug tests and searches, and basically run every aspect of his life by his probation officer before acting (such as traveling)
A criminal conviction would also act a a real problem for future employers when they do a background check (which most of them do). I would think your son has high aspirations if he is in college.
I cannot recommend strongly enough that your son have an attorney before pleading guilty to anything, whether it be a public defender or private attorney. Good luck.
Did this happen in New York? 2 years probation and a non criminal conviction is not possible. If he is under 21 the family is responsible for his legal fees unless indigent.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
He may be eligible for a public defender, it depends on your finances. If he already has an offer, then I suspect he already has an attorney. If the offer is probation, then he would have to plea guilty to a crime, so it would not be a "non conviction". Speak with your son's attorney to figure out the current situation. Good luck.
I am a criminal defense and DWI/DUI attorney practicing in Westchester and the NYC Metro area. My answers are intended for general informational purposes only, based upon the limited information provided in the questions, and do not constitute legal advice or establish any attorney-client relationship. All readers of my answers are advised to contact an attorney in order to discuss their questions in full and get full answers. Thank you.
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