Can one withdraw a guilty plea before setencing?

December 30, 2004 9:37 AM

Legal question

Can one withdraw a guilty plea before setencing? (more inside)

Sorry to beg for free legal advice, but funds are low right now...

Recently my son was charged with a pretty serious crime and was offered a reduction in return for his guilty plea. He accepted and was dealt a serious sentence. I have a few issues with the way this all went down and wonder if there exists a way to withdraw his plea. I know I should be talking to his attorney, but he won't return my calls.

posted by LouReedsSon to law & government (38 comments total)

From my limited experience in a courtroom, yes.

A case where someone was pleading guilty to stealing by giving away the company's food to "customers" was set for trial by a judge because after hearing the prosecutions' argument, the judge was confused as to wether the food was given away without the owners permission or not.

So... without the more inside (still waiting!) I'll say possibly. IANAL.
posted by shepd at 9:44 AM on December 30, 2004

If he was sentenced you'll have to appeal. Once convicted, that's what it usually takes...

Sorry, what I was talking about assumed the judge didn't pass sentence yet.
posted by shepd at 9:45 AM on December 30, 2004

Guilty pleas may be withdrawn under certain circumstances depending on the rules of the jurisdiction in which the crime is charged. For example, Rule 11(d) of the Federal Rules of Criminal Procedure provides:

(d) Withdrawing a Guilty or Nolo Contendere Plea. A defendant may withdraw a plea of guilty or nolo contendere:

(1) before the court accepts the plea, for any reason or no reason; or
(2) after the court accepts the plea, but before it imposes sentence if:

(A) the court rejects a plea agreement under Rule 11(c)(5); or
(B) the defendant can show a fair and just reason for requesting the withdrawal.

This rule only applies in federal criminal cases, and its application--particularly the "fair and just reason part"--depends on the specific circumstances of the case in which it is being applied. Obviously, you need to confer with your son's lawyer about the rules which apply to your son's case.
posted by monju_bosatsu at 9:54 AM on December 30, 2004

Can your son get his plea revisited on the grounds of incompetent representation by his attorney, or on any technical errors committed by the court or prosecutors in the course of the sentencing process?

I myself would find another lawyer who had experience in such matters. Even if your son's attorney was making a completely good-faith effort, you don't want to close off the avenue of "incompetent representation".

I am not a lawyer, though.
posted by Sidhedevil at 10:13 AM on December 30, 2004

Dude! You need an attorney (and one who will return your calls, and if this guy is your attorney, you need to be calling him twice a day right now). And I understand broke, but good grief -- you're in New York, right? -- call Legal Aid NOW, Criminal Defense Division, 212.577.3300, or, if he's a juvenile, 212.298.5000. I hope some lawyer will read your question and take pro bono pity on ya, but right now is the latest possible moment you can swing into action over this.
posted by RJ Reynolds at 10:14 AM on December 30, 2004

Sorry shepd about the limited "more inside," but I am reluctant to get too specific in an open forum. But to clarify, he entered the guity plea to the lesser charge, it was accepted by the judge, and will return for sentencing on Jan 14. The judge told him he would be setenced, in my opinion since this is his first offense, very severly. Having done some research I've found that there are lesser sentences that can be imposed for this offense.

monju, I agree I should be speaking with his lawyer, but again, he doesn't seem interested. He is court-appointed, but someone I know, have done work for, socialized with, and paid for legal services in the past. I'm guessing he just wants to place this case in the out box or something. I unfortunately can't afford to hire another lawyer as I am "bail-broke" ($13,500) at this time.

There are certain issues that I have with a possible incompetence charge, Sidhedevil, but I'm not sure I want to go there just yet. As I said, he happens to be an aquaintence and we have mutual aqauitences. It turns out that he's been speaking to some of those mutals of specifics of this case and in a very negative manner. I'm not sure that qualifies as incompetent, but maybe biased?

Thanks RJ. I wouldn't expect anyone to work for free, but I can set up a payment plan with someone who can actually help.
posted by LouReedsSon at 10:26 AM on December 30, 2004

Note that it will help if you can get your son to tell the attorney to return your calls, since technically your son is the attorney's client, not you. It should increase your leverage over him, both legal and moral.
posted by grimmelm at 10:45 AM on December 30, 2004

It turns out that he's been speaking to some of those mutals of specifics of this case and in a very negative manner. I'm not sure that qualifies as incompetent, but maybe biased?

It qualifies as a breach of confidentiality.

I don't understand why you think that withdrawal of the plea is the answer. Is he in fact not guilty? Or is it because he wasn't fully informed when he entered the guilty/no contest plea?
posted by greasy_skillet at 11:06 AM on December 30, 2004

I think that you should find another attorney for your son ASAP, figure out a payment plan or get a home equity loan or whatever you need to do to make that happen, and tell the first attorney that you're finding another attorney with "more experience in this particular matter" or whatever face-saving, polite excuse you can think of.

Then get the new attorney to do whatever she or he can between now and the sentencing date. It does sound like the first attorney was following the path of least resistance.

Obviously, you need your son to be on board with this.

Good luck, and I'm sorry that you and your family are having to deal with this. I hope that your son comes away from this experience with the knowledge and the resolution to live a safer life in future.
posted by Sidhedevil at 11:07 AM on December 30, 2004

If the plea has been accepted by the court, there's not a lot you can do. There's very little precedent for vacating a guilty plea because you found out there was a better sentence available. This falls under the "ignorance of the law is no defense" arena: it's not the judge's problem that your son accepted a plea agreement when he wasn't aware that the judge could impose whatever sentence he chose and/or that there were more acceptable sentencing offenses to which the prosecutor could have shifted for this case.

Besides the cases where a prosecutor vacates the original charge (say, murder one,) and replaces it with another (say, manslaughter,) the sentencing-plea agreement the prosecutor's office offers is only what they'll move for (if you plead guilty, we will recommend 4-10 instead of 12-25,) and most times, judges will take their recommendation.

However, it's wholly within the judge's discretion to decide to sentence otherwise, and not a lot can be done once the plea is made and accepted by the court. Your better bet at this point may be to try for an appeal due to incompetent counsel- but be aware that (1) Supreme Court rulings have indicated that even counsel who sleep through the proceedings are not necessarily incompetent and (2) that's gonna be a tough row to hoe because in most states, pleading guilty nullifies your right to an appeal.

Overall, I'd say that it's probably time to accept the fact that your son is going to serve the harsher sentence, and it's an unfortunate lesson learned. The time to legally negotiate is before an issue gets to the judge, because afterwards, it's entirely at the judge's discretion.
posted by headspace at 11:13 AM on December 30, 2004

If it were my son in this situation, I would still try to do whatever was possible before the sentence was actually imposed; a new attorney is going to be essential in that.

Couldn't the new attorney, for example, talk the prosecutors into recommending a lighter sentence to the judge? Obviously, this is all incredibly jurisdiction-specific, but what I'm getting from this post is that the son's current attorney is providing bad, if not incompetent, service, and if it were a member of my family, I would try to see what someone with more focus, energy, and commitment to the case could do.
posted by Sidhedevil at 11:26 AM on December 30, 2004

I don't understand why you think that withdrawal of the plea is the answer. Is he in fact not guilty?

Guilty as charged, sigh, but probably more appropriately should get alternate sentencing. The charges are drug related. My son has a very serious drug problem. I am of the belief a jail cell will not accomplish what treatment might. That said, I also feel that a first offense should not carry such stiff penalties, especially when the law provides judges with lesser sentences in this matter.

Or is it because he wasn't fully informed when he entered the guilty/no contest plea?

That's questionable too. First, he was detoxing so possibly not of clear head. He spent nearly two weeks in county jail waiting for this to be moved from a town level to a county level court. He never saw his lawyer. The first appearance before the county judge, I thought, was for a bail hearing. His lawyer sat down next to him, spoke for 30 seconds, went over to the DA, and came back to my son with an offer of reduction. He accepted and this was all over immediatetly. I've seen similar cases drag on for months. It was like sweeping some dirt under the carpet for me.

I know one cannot save one from himself, but perhaps a court-ordered long-term treatment sentence with jail shadowing him if he refuses might actually wake up a 19 year old with his whole life in front of him. Instead, this judge feels 2 1/2 to 7 years in state prison is a better option in this matter. And don't we all know that drugs are easily obtainable in jail? I see this as a negative for him with the possibilty of him coming home far more rebelious and/or self-destructive.

Sorry I'm going on... this one really hurts. Thanks for all your advice.
posted by LouReedsSon at 11:39 AM on December 30, 2004

It turns out that he's been speaking to some of those mutals of specifics of this case and in a very negative manner. I'm not sure that qualifies as incompetent, but maybe biased?

If the attorney practices in NY state and gossiped to friends about your son's case, without your son's explicit informed permission, he may have violated Disciplinary Rule 101B.1, forbidding attorneys from "revealing a secret or confidence of the client." (You can clicky for a .pdf of the document on this page.)

Scroll down for "Lawyers' Code of Professional Responsibility."

If he has violated the rule, you could get him in trouble with the NYS professional conduct authorities. Not enough trouble to get his ticket yanked, but it's an unpleasant enough experience for attorneys that you might be able to use it as leverage with the attorney.

As to your son's case, in my non-lawyer's opinion, there's not much you can do. If the kid stood up in court and said I'll take the deal and the judge said "I hereby find you guilty of ..." then the actually pronouncement may be a formality.

How sure are you that your kid took too much weight? There are lesser included offenses ("lessers") in almost every criminal charge that the prosecutor could have offered. Most judges leave it entirely up to the attorneys, and if the prosecutor proposed a deal and the defense attorney/client say OK, very few judges will say anything, in almost every case.

Really the only person with power to change the situation at this point is the prosecutor. And guess what, every time a kid gets sentenced the parent tries to talk to the prosecutor, so they get callused ears pretty fast.

Personally, if an attorney who was friends of my friends screwed up and made my kid take more weight than other kids charged with similar offenses, I'd think differently. I'd make sure everybody knows it.
posted by sacre_bleu at 12:07 PM on December 30, 2004

You need to get a new lawyer, and one who specializes in drug charges at that. (or, to go even deeper, one who handles primarily cases against addicts, not dealers).

In most major cities, and quite a few suburbs they've set up alternative legal systems for addicts. They undergo court mandated treatment, and must remain clean for a specified period of time (anywhere from six months to two years), after which they're given a greatly reduced charge on their record, or even an ACD. Now, granted, the long term recovery rate isn't as good as someone who enters treatment on their own, but it's still a lot better than prison for all involved.
posted by Kellydamnit at 12:09 PM on December 30, 2004

I have no legal advice to offer, but I just wanted to say I'm really sorry for what you and your family are going through, and you have my sympathies. Yet another casualty of the stupid stupid stupid War on Drugs, which causes addiction to be treated as a criminal matter rather than a health and social well-being matter.

When things settle down, please think about getting involved in the fight to reform laws regarding drug use. Your MeFi profile says you live in New York; consider joining Drop the Rock (as in NY's Rockefeller drug laws, which created insane mandatory sentences). Note that just this past April, the NY State Legislature started openly talking about doing away with the Rockefeller laws; if that reform actually passes in the next year or two, there's a chance that some drug-related sentences in NY may be commuted or reduced.

Best of luck to you and your son.
posted by Asparagirl at 12:12 PM on December 30, 2004

...Oops, how the hell did I miss this story?! Apparently, Governor Pataki just quietly signed the Rockefeller Reform bill about 15 days ago. Note the part about "The changes reduce certain minimum sentences, allow some nonviolent offenders to be resentenced..." Definitely something to bring up with your son's new lawyer--and to point out to the judge.
posted by Asparagirl at 12:17 PM on December 30, 2004

Instead, this judge feels 2 1/2 to 7 years in state prison is a better option in this matter

Fucking christ almighty... I really hope you can pull something off, for both your sake. I think your best bet is probably also going to completely estrange your lawyer aquaintance, but from what it sounds like, that's not much of a loss. Good luck.
posted by Civil_Disobedient at 12:39 PM on December 30, 2004

Thanks, everyone, for genuinely trying to help. I guess I should reveal more... About two months ago, my son was arrested in Bronx buying herion. That case is still open. Then, about six weeks ago, he got a call from a friend/fellow addict asking for drugs. He met with him, and a sale occured. Apparently his friend was arrested three hours earlier and cut a deal with the police. So my son was pulled over minutes later with marked money, etc. He was charged with two A felonies as there were two different drugs involved. In court, these were dropped to one D felony, the plea entered, and sentencing scheduled for Jan 14. Maybe a week out of jail and he's arrested again in Bronx for buying herion. This case too is still open. I know I said it was his first offense, but the other was still pending.

Now I realize sales are frowned on far more severly than posessions, but I thought anyone could see that with these other arrests this was the behavior of an addict. My question is how do I make the judge/prosecutor see this and change their position?
posted by LouReedsSon at 1:05 PM on December 30, 2004

If he's already been sentenced, I'm not really sure what you can do. I don't know if you can appeal a guilty-plea. If your son made an honest case for rehabilitation, offering to go into a lock-down rehab, for instance, maybe you might have some leniency. But at this point in the story, I just don't know if it's possible.

I know this is worst-case and all, but you should start planning strategies for getting him out after the minimum now. See if the state offers some kind of in-jail drug treatment program. And if the stint is two years, you may want to convince him to stay in either a ward/recovery area or p.c. (protected custody) for the entire run. Unless he's a big guy. I realize it's probably painful to think of things like this, but the earlier you start planning, the better.

Some caselaw (not all New York, mind you, but here's some idea of what you're up against):

"By pleading guilty, a defendant admits the sufficiency of the evidence establishing the crime, and is therefore not entitled to a review on the merits. Issues which merely go to the guilt or innocence of a defendant are removed from consideration by entry of the plea. Thus, claims involving sufficiency of the evidence, voluntariness of an extrajudicial statement, a trial court's refusal to disclose the identity of an informant, fairness of a pretrial lineup, and other such issues have been held not cognizable on appeal following a guilty plea." -- People v. Meyer (1986) 183 California Appeals Court, 3d 1150.

A counseled plea of guilty is an admission of factual guilt so reliable that, where voluntary and intelligent it quite validly removes the issue of factual guilt from the case.... A guilty plea, therefore, simply renders irrelevant those constitutional violations not logically inconsistent with the valid establishment of factual guilt and which do not stand in the way of conviction if factual guilt is validly established. -- Supreme Court, Menna v. New York (1975) 423 U.S. 61, fn. 2.

Just about the only way to get around pleading guilty is if you can show you weren't of sound mind at the time of the plea or that the counsel provided was ineffective, and these are both extreme longshots.
posted by Civil_Disobedient at 1:32 PM on December 30, 2004

Oh, and IANAL, and this is not legal advice, etc.
posted by Civil_Disobedient at 1:32 PM on December 30, 2004

FWIW, Asparagirl's link made me curious, so I checked for the law itself; the bill summary and bill text are online.

From the bill summary, under the "Retroactive Sentencing Relief" bit:

All other eligible incarcerated drug offenders would be able to apply for an additional "merit time" allowance. Under current law, indeterminate sentenced offenders many earn 1 6th off their minimum sentence if they participate in a community work crew, earn a GED, complete a drug treatment program or earn a vocational trade
certificate.

Under the reform, all drug offenders currently incarcerated would be able to earn an additional 1/6th merit time allowance by completing two rather than one of these program requirements. This would allow such offenders to receive 1/3 (rather than 1/6th) off of their minimum sentence. Offenders could also earn the extra 1/6th allowance by successfully participating in a work-release program for three months and meeting one program requirement..

As under current law, drug offenders with convictions for certain crimes (such as violent or sex offense felonies) would be ineligible to earn these additional merit time allowances.

Your son's timing is extremely unfortunate; under this law (which was signed on December 14th and goes into effect 30 days after that) a Class D drug-related felony which is a first offense and non-violent carries 1 to 2.5 years.
posted by IshmaelGraves at 1:33 PM on December 30, 2004

Also: that really, really sucks. Best of luck; I can't imagine what you're going through.
posted by IshmaelGraves at 1:37 PM on December 30, 2004

I can't thank you all enough. This is a real hard time for us and I can feel a lot of compassion here, so thanks again and again.


IshmaelGraves, just wondering, can the new setencing apply if he goes in for sentencing after the reform goes into effect? Or is he locked in to what the judge promised Dec 3?
posted by LouReedsSon at 2:13 PM on December 30, 2004

Being a parent can be so hard. Good luck.
posted by theora55 at 2:56 PM on December 30, 2004

can the new sentencing apply if he goes in for sentencing after the reform goes into effect? Or is he locked in to what the judge promised Dec 3?

1. IANAL
2. If I understand the situation, he's not officially sentenced yet.
3. I can't imagine there's a drug lawyer in NY with a case in the pipeline who's not asking for a continuance, to buy time until the new law takes effect. Continuances are routinely granted in most courts, but the new law might jam things up because everyone will want one.
4. I hope this ordeal makes something sink in with your son. I know parents who have bitterly applauded their children's incarceration, despite all the pain and expense and disruption it caused to their families, as they believed it saved their children's lives.
5. God bless your family, and good luck.
posted by sacre_bleu at 3:08 PM on December 30, 2004

LouReedsSon, the summary seems to say (at the end of my first link) that the offense must have been committed after the bill went into effect for the new sentences to apply -- but I'm not a lawyer, and the wording isn't entirely clear, and your interpretation is probably as good as mine. I haven't read the text of the bill itself.
posted by IshmaelGraves at 3:09 PM on December 30, 2004

I saw that too, but am confused. And then there's the changes for people already incarerated that further confuses me since he isn't there either. Sigh. I called his lawyer (answering machine) right after reading this bill. Hopefully I'll get a return call.

Thanks again.
posted by LouReedsSon at 3:20 PM on December 30, 2004

I'm also worried that niether the judge nor the prosecutor is going to go to bat for your son, though it never hurts to try. I'd stalk the attorney down if I had to, and find a way to get him to have a sit down with the prosecutor about the sentencing phase. Many prosecutors are bulldogs during trial but are more reasonable during sentencing (ok, this is not real world knowledge, but mostly from watching a lot of Jerry Orbach and the L&O gang). But it could work.

2 and 1/2 to 7 means that even if the Judge decides to go all the way and sentence your son to 7 years, he'll do about 2 years, maybe a bit less, like 20 months. A friend who was arrested on drug charges took a plea and did 26 months of her 10 year sentence. Now she's out and writing a book.
posted by zpousman at 3:25 PM on December 30, 2004

My understanding, and I get my info from ex-cons (yeah, most families got 'em), is that 2 1/2 to 7 means it'll be two months short of the lower time (so in this case 52 months) before he'll see a parole board for the first time. If they decide to release him, it'll be at 2 1/2 years and there'll be parole for up to the seventh year since sentencing. I'm also told many don't make it their first time with the board and have to wait a year to see them again. He was told he was eligiable for shock, a boot camp type program that runs six months and is very difficult. But the judge can't order that and it's up to the jails to decide who goes, when they go, and whether there's room for him.

So I guess I'm a bit desperate to get him a reduced sentence before he goes in. Besides all I mentioned above about length, I'm scared for him. He's not really a jail type. Mostly I want recovery for him and I doubt seriously he'll get that in jail.
posted by LouReedsSon at 3:51 PM on December 30, 2004

LouReedsSon, perhaps you would let me give you a different take on your plight. Some 10 years ago, a friend got busted for DWI. He was facing 1-2 in prison, so I and some others who knew him very well wrote to the court on his behalf. The judge sentenced him to serious rehab and 6 months electronically monitored home confinement. This was followed by 2 years probation including 6 months at a rehab center.

Within months of completing that, he was busted again for DWI and again a letter writing campaign plus some very expensive lawyers. Sentence 1-2, which he served, plus parole including AA.

He was busted a third time (he blew a 2.3), spent 5 months in a county jail without bail awaiting trial. Prior to sentencing, I asked to see the judge on his behalf. My point was that this man was obviously very sick and needed treatment rather than punishment. The judge was good enough to explain to me that he had been wrestling with such issues for years on the bench. He had come to the conclusion that people with such problems did not seem to develop the resolve to address their problem until they hit "rock bottom". The rest of the time they were "gaming the system" and using those who were trying to help them. He understood that my friend would lose custody of his daughter and lose his job and all the other considerations that I brought up - he had wrestled with many similar cases.

At sentencing, he offered my friend a choice. He could do 2 1/2 in federal prison or go to "boot camp" for 1-2 years. He explained that "boot camp" is much harsher than prison and is intended to be a form of shock treatement. My friend chose boot camp. I am surprised that such a place exists in this country. It certainly would never be sanctioned by the Red Cross nor does it qualify under the Geneva Convention. It is best described as unending degradation interspersed with frequent bouts of cruel and unusual punishment. My friend lost 40 pounds while there.

When he was released after one year, he suffered PTSD for about 6 months and was treated for it. Now the good part. I know for a fact that he has not touched a drop of alcohol since then. He has regained custody of his daughter and they get along marvelously. He has landed an excellent job, which he really likes. He has his driver's license back and he is far happier than I have ever known him to be.

It would appear that that judge knew what he was talking about. While such suffering is almost intolerable to witness in another, especially someone we love, it might be that it is the only wake up call they can hear.

Clearly, your efforts on behalf of your son indicated how much you love and care for him. Make sure to let him know that whatever happens, those feelings will not change. That may be the only lifeline he needs to see this whole ordeal through and emerge out the other end with the resolve he needs to turn his life around.
posted by RMALCOLM at 3:59 PM on December 30, 2004

Thank you RMALCOLM for those incredibly clear-headed thoughts. I agree completely and would go along with all of this if he had been doing this repeatedly for years now, but he's only been messing up for a year now and I think 2 1/2 to 7 is harsh his first time out. Before this, he was in his second year of college with a bright future. Knowing my son as I do, I fear he'll feel this as defeat and quite possibly behave as badly if not worse upon release. But maybe that's just the dad in me.
posted by LouReedsSon at 4:13 PM on December 30, 2004

I don't know what the law is in your jurisdiction. In Massachusetts, no sentence is final until it's actually pronounced by the judge. Hence my feeling that, if this were my son, I would move heaven and earth to get the sentence reduced.
posted by Sidhedevil at 6:15 PM on December 30, 2004

Letters to judges have an impact. The best letters are those from elected officials, even as low as a county clerk. If your son ever was involved with juvenile authorities and had rapport with them, letters from them can also be of great benefit.

However, I am very sorry for you, but your son isn't just a "first time offender". He was busted 3 times for heroin. this isn't some herb were talking about here. It isn't even a tab of ecstacy or acid. Its junk! And whatever else may be the case, even teenagers know that junk is a big-time bust. What's your boy trying to self-destruct for? How can his behavior be explained, other than deliberate self-destruction? Surely he's bright enough to know you don't go playing around when you have a case pending!

As for comments about the asinine 'war on drugs', they are understated. Drug war only increases drug profits and therefore drug pushing. And some self-desctructive people use drugs as a means to destruct, while others use them as a means to get along with their lives. The war only helps the destructive ones destruct!
posted by Goofyy at 2:00 AM on December 31, 2004

What's your boy trying to self-destruct for? How can his behavior be explained, other than deliberate self-destruction?

Perhaps you should look up the word addiction in the dictionary. It's the big book with all the words in alphabetical order.
posted by Civil_Disobedient at 3:07 AM on December 31, 2004

Civil_Disobedient, dissatisfied addicts seek treatment, or at least try to do something productive about their problems. For example, most smokers who don't want to smoke, but are doing it due to addiction will usually have stories about how many times they tried to quit. I'd call that addiction.

I think it's a totally different scenario altogether when someone knowingly tries to destroy their life through the use of a particularly dangerous addictive substance. Anyone in as much trouble as LRS's son is right now seems to me less addicted to the drug and more drawn towards something else negative.

LRS, I wish you good luck in your efforts.
posted by shepd at 3:14 AM on December 31, 2004

Talking to him about it gives me the impression he was attracted to something dark and mysterious and that he genuinely believed he could use the drug rather than let the drug use him, in spite of all he's been taught. I'd like to say I know him and what he's capable of regarding rising above all this, but this last year has shown me I must have lost touch with him a while ago. It's all very unsettling without these legal matters. Whatever the reason, something I now have to leave to him and possibly a host of professionals, I still believe in my heart that our jutice system will not help and very well may compound his problem. I do believe that the threat of jail has opened his eyes at least a bit to this actually being a problem, but also realize he'll only benefit from anyone's help when he's ready, if that time ever comes for him.

Thank you all again for your help, understanding, and best wishes.
posted by LouReedsSon at 6:47 AM on December 31, 2004

LouReedsSon, if it is any consolation, I have in my life met several people who were incarcerated for two-plus years on drug charges, turned their lives around, and are now professionally successful, leaders in their communities, and have happy family lives.
posted by Sidhedevil at 11:11 AM on December 31, 2004

Maybe you could start a letter-writing campaign to try to persuade the judge that a rehab program would be better for your son than prison? I don't know anything about the US justice system, but an appeal to their common sense may make some small difference. Good luck.
posted by tracicle at 1:35 PM on December 31, 2004