Legal Question in Criminal Law in Georgia

My son and his girlfriend were attacked by a neighbor. There was a scuffle, my son was on the ground, due to being hit in back of head with a rock by attacker. His girlfriend hit the attacker in the back to get him off my son. Long story short, my son and his girlfriend were arrested and both charged with aggravated assault, and 3 counts of cruelty to children. (girlfriends children were in my son's car and attacker's child was with him). Due to my son already being on felony probation, they revoked 4 years of his probation. When he went to court for the assault charges, DA offered him 10/do 3, & pay $800 in medical expenses for the attacker, told him that was best he could do, if he didn't accept, it would go to state. For fear of it affecting him getting parole, my son, against my advice, took the offer. Now the girlfriend has gone to court and her charges were reduced to simple battery, all the child endangerment charges dropped, she has 12 months probation, no medical bills to pay. She advised me that she had picked up copy of police report and it states that medical attention was refused.

My questions: Is there any chance of getting my son's charges reduced due to girlfriends charges being reduced by DA, and why is my son required to pay $800 in medical bills when medical attention was refused? And, if so, which route should I take, talk to DA, Judge, or what? (As a foot note, I have been told, but no proof of, that the attacker is a known "narc" for this county.)

Thank you for you help.


Asked on 11/01/11, 8:16 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

From your post, your son decided to either take no advice at all or listen to someone who wanted (and still wants) to play lawyer and give legal advice when several years in prison is at stake. We are assuming of course, because you make no mention of getting qualified legal advice from a criminal lawyer hired to represent your son. That was a huge mistake for anyone facing a felony charge, much less a person with a history of felony convictions. Your son chose to either not take advice from a lawyer or take bad advice from someone who should not have been giving it. While there is little to no chance of changing that (there are not generally do-overs, and no requirement everyone gets the same deal), more of the same won't help.

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Answered on 11/01/11, 8:25 am
Lawrence Lewis Lawrence Lewis, P.C.

Not likely that your son's charges will be reduced. The girlfriend's charges were reduced solely because your son ate the felony charges. Your son is required to pay medical bills, because there were medical bills. The fact that the victim refused medical treatment on the scene does not mean that he refused medical treatment 5 hours later or 2 days later. If you are going to take a route, consider retaining an attorney. The judge will not speak to you outside of the presence of the prosecutor. The prosecutor is happy with the resolution of the case because your son in scheduled to do the next few years in prison. The prosecutor is not your friend, see website: www.lawrencelewispc.com

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Answered on 11/01/11, 10:47 am


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