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I think that my son is not getting a fair and...

Resolved • Response time 1 minute

25 May 2022

I think that my son is not getting a fair and unbiased investigation by a police officer
JA: Have any charges been filed? If so, when is the next court date?
Customer: Court date is this Thursday in Logan Utah
JA: Have you talked to a UT lawyer about this yet?
Customer: I received a video recording of the sheriffs investigation
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not sure?
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25 May 2022

Ask your own question
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I will respond to all your posts very quickly, but if you do not receive a response immediately, do not fear: you have NOT been forgotten. It's likely just a technical delay on my end. Just know that I will be with you as soon as possible.
  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. With that said....

Is your son being charged with a crime?

25 May 2022
Customer reply
25 May 2022
As I typed in my earlier text he received a citation for disorderly conduct 76-9-102 (4)(B)
25 May 2022
Customer reply
25 May 2022
Sorry but I'm retired and don't have alot of money so i rejected the phone call offer
25 May 2022
Customer reply
25 May 2022
the sheriff told him that he could arrest him but my son cooperated so he wasn't arrected
25 May 2022
Customer reply
25 May 2022
He was only cited for trespass at his my grandson's school
25 May 2022
Customer reply
25 May 2022
The attendance lady at the school stated to the sheriff in the video that she felt threatened by my son
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Thanks! I'm still catching up with you rmessages. i'm sorry for the delay.

25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Perhaps you can clarify for me? What is this officer is doing that troubles him?

25 May 2022
Customer reply
25 May 2022
My question to you is how the sheriff went about his business when collecting the information or doing his investigation? It seems to me in the video that he went to the school and started talking to the lady about the incident with her but not in private but with the other 2 witnesses present during his questioning of what occured that day on May 4, 2022. It's like the sheriff was seeking collaboration of all the witness together instead of there own separate recollection of what actually occurred that day?
25 May 2022
Customer reply
25 May 2022
I thought that all witnesses are supposed to be questioned separately so there thoughts and answers to what occurred that day aren't biased but instead they are collaborated answers to what the 2 other witness are saying
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

I'm sorry to hear about that! So you're wondering here if the officer engaged in anything illegal by talking about it in this fashion or going about it in this fashion, correct?

25 May 2022
Customer reply
25 May 2022
wouldn't that be more fair or are all the witnesses allowed to collaborate with each other?
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

25 May 2022
Customer reply
25 May 2022
It allows the witnesses to agree with the each other? doesn't seem fair?
25 May 2022
Customer reply
25 May 2022
the sheriff then had them each write down the written statements?
25 May 2022
Customer reply
25 May 2022
nothing else
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

I hear you! So a few thing:

1. The law doesn't require that the officer conduct the investigation in a fair or unbiased manner. Because they are investigating the matter, they are allowed to do what they can to try to get to the bottom of this;

2. The law doesn't require they do it in a manner that gives your son the best chance of avoiding trouble;

3. If your son is charged with a crime, then the state has to still prove their case. So even if the witnesses agree, he, or his lawyer, can cross-examine the witnesses to determine the truth or falsity of their statements. The trouble here is that suggesting that the officer should have independently corroborated the statements isn't something that is required under the law. 

Does that make sense?

25 May 2022
Customer reply
25 May 2022
It
25 May 2022
Customer reply
25 May 2022
It's like the witnesses discussed what they would say or write on their witness statements
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

I hear you! This is not uncommon, unfortunately. The law still requires that the state prove that what they said was true, and what they witnessed was accurate, but the law doesn't require they be separated to improve your son's chances. 

Does that make sense?

25 May 2022
Customer reply
25 May 2022
It makes sense but doesn't seem fair and seems to be very biased
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

Oh it is; they want to prosecute your son, so it will be very baised. He still has rights to defend himself, but there isn't a right to an impartial investigation. It sucks, and I'm so sorry.

25 May 2022
Customer reply
25 May 2022
the school has video of the incident but the video doesn't have voice unfortunately
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

I see! Does your son have a lawyer?

25 May 2022
Customer reply
25 May 2022
no and the court told him it was just a hearing and that he couldn't have a PD assigned to him until the incident went to court?
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle
Attorney

I see! He may need to find his own lawyer for this, if possible.

I don’t have any specific contacts; however, I can do the next best thing.
One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS typically only lists experienced attorneys who have adequate staffing to assist people.
Yelp.com is a surprisingly good place to find lawyers.
You can check out find.lawyer.com - Lawyer.com Free Consultation Lawyer Form - JustAnswer
You can also find a lawyer on the Legal Services Corporation website. The LSC is an independent non-profit organization authorized by Congress in 1974 to help people find legal aid services (https://www.lsc.gov/what-legal-aid/find-legal-aid).
Sometimes, the local law schools can provide free legal assistance, too.

You can also return to this site and ask questions to me as you go through this process to keep your costs down.

Did you have any other questions for me today?

25 May 2022
Customer reply
25 May 2022
not sure what to ask, but will bring this question to the judge because it not fair the witnesses can make up what ever they want!
25 May 2022
Lawyer's response
25 May 2022
Legal Eagle
Legal Eagle

You bet! I really wish I had better news. Thank you for trusting JustAnswer with your question. PLEASE USE YOUR MEMBERSHIP! On top of lawyers, you have access to thousands of experts including:

In any event, my name is ***** ***** I want you to come back by clicking this link. https://www.justanswer.com/law/expert-dmwesq/.
In the meantime:
  • You can save me as a favorite if you would like.
  • Tips of course are never required, but always appreciated.

Customer rating:
Legal Eagle
Legal Eagle
Attorney
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25 May 2022
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