ShouldI have an attorney represent my son if he is facing criminal charges?
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ShouldI have an attorney represent my son if he is facing criminal charges?
My son is on probation for carrying a concealed firearm, he was placed on 18 month probation and has meet all other obligation. He only has 5 months left on his probation. Last month he was arrested for resisting and battery of a law enforcement. All of these charges is a total mis-understanding between the officer and my son, but because of this, he has violated his probation and a warrant was issued. He is in Orlando, FL all alone with no family there; he went there for school. Does he need a criminal attorney and what is he looking at?
Asked on October 23, 2010 under Criminal Law, Florida
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
He absolutely needs an attorney because the charges he now faces are going to most likely be enhanced based on his previous conviction for weapons charges and his current status of probation violation. It makes no difference to the prosecutor that this is a misunderstanding unless the police officer himself or herself drops charges and ensures your son's arrest record is erased of this current matter and his probation officer is informed it was a mistake by law enforcement. A criminal defense attorney will make sure everyone is on the same page and your son is able to completely complete his probation successfully. Further, if the arrest was abuse of law enforcement's authority (arrest without probable cause), then your son needs to look into possible civil litigation against law enforcement.
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