QUESTION
Our son has been charged with residential entry and underage drinking. We waived our right to an attorney. Was this a mistake?
Asked on Aug 04th, 2012 on Felonies - Indiana
More details to this question:
16 year old. Entered a friends home while they were away, using a garage code provided by one of the children who live in the home. 10 children were involved. The kids had alcohol. This is a first offense. Not been in trouble prior. We know he did it and did not want him to lie, but we have since found out that all of the kids involved have representation. We are regretting our decision and are desperate since his hearing is Monday. We are wondering if he should plead not guilty and we pursue with an attorney. Please help!
1 ANSWER
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Jeffery M. Haupt Attorney at Law
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Not sure if you have gotten this in time or not, but you should definitely consult with an attorney. Depending on your circumstances he may be able to even qualify for a public defender. The juvenile system is different then the adult system, and it is useful to have an attorney that understands the difference and can help you and him understand what exactly the process is like and to help him determine whether or not any defenses exist in his case.
It is honorable to have him step up and admit his wrongdoing, but this can come with serious consequences. If the case against him is not that strong, then there is no reason he should just plea guilty. The State has the burden of proving his criminal wrongdoing and some cases that is not so clear cut. An attorney can help you determine the best approach to the case.
Answered on Aug 11th, 2012 at 8:06 AM