Backstory: About three years ago now, my sister was out somewhere with her friend's boyfriend and they hit and killed a guy on the street. He was high as fuck and crossing the street while oncoming traffic had a green in the middle of the night on a street where the speed limit was 55, so his death was ruled his own fault. The problem is, the guy she was with was driving but had 4 wrecks on his record (he was only 23 or something) and his license was suspended so he told her to tell the cops she had been driving and she did, presumably from a combination of shock and wanting to protect her friend.
My parents freaked out when the dead guys family tried to sue for wrongful death and hired a lawyer who told her to change her statement to the police, aka incriminate herself (I'm reporting him to the BAR), and got her arrested on a felony (lying to police) and obstruction. That lawyer took our 5k, got her arrested, and then never answered the phone again. Second lawyer said he would get them to drop the obstruction and bring the lying to police down to a misdemeanor, which makes sense since it's barely even procedural and made no difference in the actual investigation of the incident.
I had assumed that this was pretty much over and done with and had put it out of my mind when I just found out she got a letter to appear in court for her plea. She just got the letter and the court date is for for the 5th of January. Her lawyer didn't get anything and she had to inform him of it; apparently he hasn't been given discovery or half the information he's requested. Despite this, he told her there's "no point" in meeting with him and they'd see each other at court. So I guess instead of postponing it and demanding the necessary legal information, he's planning to just show up and wing it?
The reason I think she's being railroaded is because this happened while BLM was still at a high point and she's white while the guy she was with, the guy they hit, the DA and everyone involved in the case is black with BLM and black advocacy shit all over professional pages. I think they're just trying to extract their pound of flesh from the white girl, possibly even in collusion with the dead guys family since they have no case based on the police report (if she gets found guilty, they could use that in civil court).
Her lawyer is either in on it or unbelievably incompetent because:
- He's been handling this for two fucking years already and still hasn't any negotiations done
- He literally never knows what's going on and finds out feom my sister when she calls him after receiving papers from court
- Despite the fact that the court isn't giving him any info, discovery, or allowong him access, he doesn't think he should do anything about that
- Her plea hearing is on Jan. 5 and she just found out it last week. She had to inform the lawyer about this. Despite sitting on this for almost 3 years, they give her less than a month notice over the Christmas holiday while her lawyer still hasnt received the info he needs.
- Despite not even entering a plea yet, she already received a notification that her jury was selected.
- Neither she nor her lawyer were present for the jury selection or even aware it was happening.
I guess the question is who would I even call about this? Civil rights lawyer for the massive violations of due process? Yet another defense attorney and hope he's not also a fucking retard? My sister was barely 22 when this happened and now she's looking at 10 years in prison and a felony comviction (making all the school she did to be a teacher pointless) because a bunch of fake-woke black bureaucrats want to crucify her over a dead druggie killed by another black delinquent. My parents are prepared to sell their house to keep her out of jail because she'll almost guaranteed kill herself so I really need some advice/reputable lawyer I can call.
Have you tried to get this guy to confess he was the driver and not your sister somehow on camera?
The dude is avoiding all contact with anyone and pleading the 5th any time he's caught. I don't think it would change anything anyway since the charge she's facing is lying to the police about who was driving. The actual death of the pedestrian is pretty much an open and shut non-issue outside of the Civil case which is the insurance's problem. If I tried to get a confession out of him, it would probably involve a crow bar so I haven't bothered.
Can’t she just say she lied under duress? Just say the dude threatened her. Believe all women, remember LOL