A little about me: I am almost 20, going to college and taking care of myself, have been for quite a while now. My dad for the last four years has been in and out of county jail for multiple things, nothing too bad, bad checks, violation of restraining order (going through his divorce, his ex wife my step mom of 17 years was seeing my dads friend), just things like that.
in 2007 he did 6 months in county jail and while in there they gave him a 2 years suspended sentence. During this time of being in jail, he was in a cell with four other guys and the head sheriff had been working on the television cable. There were just bare wires in the back of the TV so he broke a tooth brush and pushed it in there to hold the wires in for the time being. A cook had brought up a razor blade for another guy in the cell and it had been laying on the shelf. Then later that day the head sheriff had come in with a new cable cord and fixed the cable, he laid the broken tooth brush on one of the shelves.
Ok the one of the under sheriff's come by and see the razer blade and tells my dad to pick it up and had it to him, which he did, then the sheriff takes the tooth brush off the shelf and takes it to another sheriff and says that my dad was trying to make a weapon out of these 2 objects.
Ok then we go to court and he has a court appointed attorney who knows nothing about the cases that we were told by the court clerk for that day. They let the 2 sheriffs testify and one gets caught in a lie and says that he is not 100% sure he seen my dad with both the objects in his hand, the other sheriff testifies and says he cant say anything because he didn't see any of it the first sheriff brought it to him. Then they switch cases to the restraining order and have my ex- step mom testify and she says that if anyone broke the restraining order it was me when I bailed him out of jail or came up and seen him, then they switch back to the other case.They take a recess and call the head sheriff who wasn't subpoenaed to testify and see what he says. When they come back dads attorney says can we call him back and put him on speaker phone and the judge wont allow his testimony into the court. The DA says lets dismiss this case and the breaking a restraining order case, the judge says no and then he says I can see him having a creative mind with this and I think that his intentions were to make a weapon with these and he revokes his 2 year suspended sentence just like that. On his assumption.
So here is my question: I am going to appeal it the new lawyer says we have a strong enough case based on the court appointed attorney not representing dad to his fullest ability, such as he should of subpoenaed the head sheriff to testify and he should of be prepared with every case that they were discussing that day.
What happens if the appeal doesnt go through until he has alread served his sentence in prison and he then wins the appeal? Was all of that time and money a waste? Obviously I dont have a lot of money, I am hiring this lawyer with my grant money from college.Legal Advice: I am hiring a lawyer for my dad, I need some questions answered please?
First, it is probably a violation of the terms of the grant to use that money to hire an Attorney for your dad.
You should not use your College Grant money to hire an Attorney for your dad without written permission from the agency that gave you the grant.
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