request for freeper advice

Last week he was walking down a street near the towns Main Street and was attacked by four guys. He then took out his pocketknife to protect himself. He did not injure anyone; he just took it out so they knew he had it and left the scene (walking). Shortly afterwards the police came by and arrested him for threatening these 4 guys with a knife. After a few days the charges were dropped but now he has to go back to court for 'disorderly conduct' and 'loitering' - which weren't the original charges.

The police refused to let him press charges against the 4 guys who jumped him. They also did not interview any witnesses or get the videotape of what happened in the parking lot (in front of a gas station).

He recently spoke with his public defender and he refuses to see my brother until 2 months from now, right before the upcoming trial...so nothing will be subpeoned --- including the fact that my brother has an injury to his leg.

Personally, I think my brother is being discriminated against because he is white and the guys who attacked him are all black. Why can't he press charges against them? Any advice on what to do would be appreciated. Thanks, BiaR

He needs an attorney - public defenders are a last resort if there is no other way, but he will never get a private counsel with one... Pull together enough money to retain a real defense attorney asap. After an initial lump sum retainer, most attorneys will accept smaller payments to pay down whatever bill he runs up. You get what you pay for, so don't run to the cheapest guy in town. Get some recommendations, ask around.

If you have given us ALL the facts, this shouldn't be that hard to win. If your brother was really attacked without provocation, who called the cops? The attackers? - Is there more to this story?

He was attacked? Assaulted? If he was assaulted he should have had the police arrest the attackers right away but you make it sound like he flashed his knife at these four guys and he walked away before being "attacked". Can you clear this up a bit?

If the story is as you told it, and that's the whole story, then your brother has little to fear from the court system if he requests a jury trial. If the jury turns out to be all black, then it's time to plea bargain before opening arguments.

If you're leaving some important details like your brother was drunk or high at the time, or something that makes him look like he was partially to blame, then he needs to see a real attorney.

The public defender can't devote any time to this case before trial. He has other clients with bigger charges against them than this.

hehehehe - I think it is still measurably worse to be a guilty person than an innocent one in our court system, but then I am an optimist

I hear ya dog..but I base my statement on the following premise: 97% of the people who get to the point in our legal system that this fellow finds himself in get there for one reason...They're GUILTY!

Therefore, this fellow is purporting to be one of the 3% that are innocent. Chances of that are slim, therefore if he really is innocent he is probably being set up in some way or has something else stacked against him.

Bad news either way
:)

Someone called them or they wouldn't have been looking for a kid with a knife. Your brother needs to get the whole story together and talk to a real attorney. This may be a kid thing, but IF he is really innocent, even the minor charges may haunt him later, which is a shame if they are undeserved. Don't mess around. Is the kid a minor, and even if not, where are your folks on this?

And don't be surprised if it turns out your brother has not told you everything. Cops going out of their way to torment some innocent white kid and not investigating a group of thugs that "attacked" him sounds a little to much like one side of the story.

Yes, there is indeed a problem. I am a legal student and I know this much: 1. You need to contact a REAL LAWYER as soon as possible, regardless of cost...you will be reimbursed if you are indeed telling the entire story. Find one at www.findlaw.com 2. You cannot not be legally refused to press charges against anyone. Sue the police department! Sue for lack of competence and virtually ruining the case for your brother. State you would like to sue for legal fees, your brother's injury (since you may not be able to prosecute the four boys now with their lack of investigation), and sue for the restitution the boys would have had to pay if they were convicted. Also, in the suit mention the harassmen and the mental anguish your brother has been through. Rack your brain for every possible affect this may have had on your life. It will get cut down no matter what, so you want to start with an abundance of claims (negotiation). While you are at it, I'm sure you won't have a problem getting the charges dropped for your brother. File that asap as well, if you get a decent lawyer, he will tell you all this again 3. Request the videos yourself from the store. Threaten a law suit for "obstruction" if they refuse, which they will and you won't win the suit...just a bluff. The lawyer, again if he or she is half competent, will be able to get the tapes. But don't procrastinate, the longer you wait the less interested the case becomes. 4. Contact your local news station, newspapers, radio stations, etc and get publicity. The PD will probably become coward when this happens. 5. Make sure you press charges against the boys, they CAN'T REFUSE THAT! This way, if you lose, you blame the PD. If you win, the hospital bills are paid, or supposed to be and you can mention that you were refused in the first place. In other words, if you you win. If you win, you win: it proves the PD was wrong for trying to stop you in the first place. If you do happen to win, it proves the incompetency of the PD by telling you not to press charges and adds to your suit against them. This sounds like a lot, like I'm making a big deal out of nothing. But here's the deal: a lazy liberal gets 1 million for spilling cofee on herself, the ACLU would file suit in a heartbeat if the races were reversed, and fat people are suing fast food joints for someone to blame for being fat...you can sue for this!! Do it on behalf of all the times the PD has been sued for reversed skin color rules. Make it an EQUAL OPPORTUNITY! Contact a lawyer, I can't wait until I pass the bar and someone calls me with this kind of crap. If a lawyer tells you you don't have a chance, find another one, he or she is just lazy!! Hope it helps

Assaulted?
He was jumped/assaulted and then he took out his pocketknife as a way to defend himself.

He wasn't drinking or anything - he has to walk places as he doesn't have a car. He pleaded with the cops to get the videotape from the camera outside the gas station but they didn't do it. I don't understand why the police told him he couldn't press charges against these guys....they were not arrested, btw. I don't know...my brother thinks maybe one of the guys is an informant or something like that.

A full-time 'real lawyer' is out of the question...he has no money and I have none to spare....I thought maybe he could subpeona some records himself....?

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