Should my son write a letter to the victim since his defender was asking him to? 19 Answers as of November 24, 2012

My son’s defender stated that the supposed victim doesn't want my son to go to jail and that her statements are inconsistent. Now he wants my son to write a letter to the victim and ask her if she still feels she does not want him going to jail. I told my son not to write her because there is a no contact order and have the defender write her or contact her himself.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
IF there is a no contact order, and your son writes her, his bond can be revoked.
Answer Applies to: Georgia
Replied: 11/24/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
You are correct I would never have my client write such a thing with a no contact order in place.
Answer Applies to: Michigan
Replied: 11/9/2012
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
If there is a no contact order do NOT write the letter. You may want to hire an investigator.
Answer Applies to: Nevada
Replied: 11/8/2012
Hamblin Law Office | Sally Hamblin
You are correct. Under those circumstances, he is not to contact the victim.
Answer Applies to: Michigan
Replied: 11/6/2012
Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
I am not going to second guess another attorney who is representing your son. That would not be appropriate for me to do. I will only make suggestions about what I would do if I am handling the case. Sorry but this is professional courtesy.
Answer Applies to: Hawaii
Replied: 11/6/2012
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Your son should absolutely not write the victim. It will cause a new case to be filed. The lawyer should contact the victim to inquire.
    Answer Applies to: Colorado
    Replied: 11/6/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You are correct, your son should have absolutely no contact whatsoever with the victim. I do not know why the lawyer would have suggested such a thing. Besides being a possible violation of the OP, it is tampering with a witness, a serious violation. The defender can write one, if he feels it is necessary, but no one else connected with the defendant, including family members, should have any communication with the victim.
    Answer Applies to: Illinois
    Replied: 11/6/2012
    Gates' Law, PLLC | Thomas E. Gates
    Your son or any party associated with your son can contact the "victim." His attorney may be able to pass a letter, but with the prosecutor's knowledge.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Your son's defender is the biggest dumb ass of all time. No decent attorney would ever ask the defendant to write a letter himself. This could be incriminating!
    Answer Applies to: California
    Replied: 11/6/2012
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    I would be very cautious about this, especially if your son plans on contesting the charges or taking the matter to trial as such a letter could be admitted against him as a confession or statement by a party opponent. Depending on what type of charges it is, such a letter could also nix any chance of a no contest plea or be used against him in a civil proceeding on the same matter. Discuss this thoroughly with his attorney and make sure he understands the possible consequences before doing this.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I don't know enough facts of the case; however, based upon what you have said, I would agree with you. Your son has an attorney. Any communication with the victim should be done through the attorney. Especially if there is a no contact order.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer, but generally if there is a nocontact order or other order of protection, then he could get in trouble for a violation of that order.
    Answer Applies to: New York
    Replied: 11/6/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    If you mean his lawyer when you say his "defender" wants him to write a letter to the victim while there is an Order of Protection then he is advising you to violate the Order. I have never even heard of a lawyer telling his client to send a letter to a victim asking him to speak to the judge regarding sentencing since this would be highly inappropriate. You should ask the lawyer for a clarification of what he is asking for and if that is what he suggests you should get another lawyer.
    Answer Applies to: New York
    Replied: 11/6/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    This is not a good suggestion. It is very dangerous.
    Answer Applies to: California
    Replied: 11/8/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You are absolutely right! That would get your son arrested. The victim's wishes are only relevant to sentencing anyway. She can't drop charges.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    No, I would not suggest that your son violate a "no contact order". There is no foolproof way to originate contact with the victim for this purpose. An attorney could contact her for the purpose of conducting his investigation of the facts but, if she reports that the attorney is asking about her wishes relative to disposition, the attorney could get himself in trouble.
    Answer Applies to: Minnesota
    Replied: 11/6/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    If there is a no contact order, your son should definitely not contact the victim.
    Answer Applies to: New Jersey
    Replied: 11/6/2012
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