Child Abuse Case Assistance

Summary

The users son is accused of child abuse and is represented by a court-appointed attorney. The user is dissatisfied with the attorneys lack of communication and effort in preparing for the sons defense. The attorney is also not planning to be present during the entire trial. The user is considering filing a motion for a new attorney. The sons trial is approaching and he is unsure whether to accept a plea deal or fight the charges. The user is seeking advice on how to proceed.

Full Conversation

My son was accused of hurting a child. His ex girlfriends daughter nearly * yrs after they split. They came to the house picked him up and questioned him for hours. Telling me the whole time he wasn't there they have no idea where he is. After hours of them pushing they got him to say what they were pushing for. I got him out on bail. But his trial is coming up. He seen a court appointed doc they said they feel his confession was pushed. We need help!
Did your son have legal representation during the questioning?

General Information:
- In Michigan, a person has the right to an attorney during questioning.
- For court details, visit Michigan's 36th District Court, * Madison St, Detroit, MI *.
No he did not
In Michigan, it's crucial to have legal representation during questioning. If not, it may violate the Miranda rights. Consider discussing this with a defense attorney.
His attorney doesn't seem to be wanting to really do anything. He's been waiting for * yrs for court as is.
Have you considered seeking a different attorney? In Michigan, you have the right to change your legal representation if you're unsatisfied.
She isn't even going to be present during the whole trial.
In Michigan, it's crucial for the attorney to be present during the trial. You may want to consider changing your attorney.
Can he do that being so close to his trial date? It's a court appointed attorney. We don't have a lot of funds. Everything went to bail him out.
Yes, in Michigan, defendants can request a new court-appointed attorney if they're unsatisfied with their current one. However, the judge will decide.
How do we do that
To request a new court-appointed attorney in Michigan, your son needs to file a motion with the court explaining his dissatisfaction with the current attorney.
Does he just go to the court house? I'm sorry I don't mean to sound so dumb. I'm just really worried about him.
Yes, he can go to the courthouse to file the motion. The clerk's office at Michigan's 36th District Court, * Madison St, Detroit, MI *, can assist with the process.
He isn't able to do so here in Calhoun county where the court hearing is taking place?
Yes, he can file the motion at the Calhoun County Court, located at * E Michigan Ave, Battle Creek, MI *. The clerk's office there can assist him.
May I ask a couple other questions just for opinions?
Of course, ****. Please feel free to ask your questions. I'm here to help.
The judge gave him supervised visits of his * yr old daughter. The doctor says he feels his confession was pushed. They misfiled the interview tape so all they have is that typed statement. Should he fight or take a deal
What are the terms of the deal being offered? It's important to weigh the potential outcomes before making a decision.
* yrs for each count to run concurrent. Otherwise he faces she said * minimum for each count
What are the specific charges against your son? This information can help in understanding the severity of the potential penalties.
* counts of 1st degree csc
What evidence does the prosecution have against your son, apart from the confession?
He has anime porn on his phone. And I guess porn sites. None are of children or anything like that.
What is the stance of your son's attorney on the evidence presented by the prosecution?
She's telling him in Michigan they don't need any proof. That it's his word against hers. Tyler is the 3rd person she has accused. She says he should take the deal. She hasn't spoken to anyone about Tyler. Nothing. He has gotten maybe * calls in * yrs
What is the credibility of the accuser and has this been discussed with your son's attorney? In Michigan, the credibility of the accuser can play a significant role in the case.
She said her character isn't on trial Tyler is.
What evidence does your son have to support his innocence? In Michigan, the defense can present evidence to challenge the credibility of the accuser.
Other than his word nothing I guess
What is the stance of the court-appointed doctor who mentioned that your son's confession was pushed? This could be crucial in his defense. In Michigan, coerced confessions can be challenged in court.
She said she would bring him into court
What is the role of the court-appointed doctor in the trial? Will they be testifying as an expert witness?
She said they were going to call him as a witness
What is the doctor expected to testify about in court?
That he feels Tyler's confession was pushed
What steps has your son's attorney taken to challenge the validity of the confession in court?
Nothing that we are aware of
What is the name of your son's current attorney? It's important to have an attorney who actively challenges evidence and works in your son's best interest.
Just one second my son is gathering that for me
What is the name of the attorney representing your son?
Whickham
What actions has Attorney Whickham taken so far in preparing for your son's defense?
Other than requesting his evaluation by the doctor nothing
What steps have you taken to communicate your concerns with Attorney Whickham?
She will not speak to me. And Tyler gets so flustered so easily from fear he doesn't ask a lot of questions
What is the reason Attorney Whickham has given for not communicating with you? In Michigan, attorneys are expected to maintain regular communication with their clients and their families.
She said she feels I would be a aggressive witness and she doesn't feel I would be witness
What is the reason Attorney Whickham believes you would be an aggressive witness?
Because I am his mother
What specific actions or behaviors led Attorney Whickham to label you as an aggressive witness?
She told him they wouldn't take anything I say as being true because I am his mother
What evidence or arguments do you plan to present to support your son's innocence?
His daughters mother and grand mother both are on his side. His brother and sister. He watched there * daughters for them all the time. Friends.
What specific information or testimony can these individuals provide that could help your son's case?
Tyler is gruff he is a no nonsense kind of person
What specific instances can these individuals recall where Tyler's character could be demonstrated as non-abusive or non-threatening?
I'm not really sure I understand the question
Can these individuals provide specific examples where Tyler has shown non-abusive or non-threatening behavior towards children?
They all trust Tyler even know if he could they would allow him to watch the kids.
What are the names of these individuals who can vouch for Tyler's character? They could potentially be called as character witnesses in his defense.
Jason Richardson his brother
What specific instances can Jason Richardson recall where Tyler has shown non-abusive or non-threatening behavior towards children?
Oh for sure. Tyler has never been that type of person. He may get loud when speaking but that is it.
What other individuals, apart from Jason Richardson, can vouch for Tyler's character and potentially serve as character witnesses?
Kayla Smith his daughters mother and her mother as well Krystal Smith
What specific instances can Kayla Smith and Krystal Smith recall where Tyler has shown non-abusive or non-threatening behavior towards children?
His sister
What specific instances can his sister recall where Tyler has shown non-abusive or non-threatening behavior towards children?
All. Tyler has never been that way
Has his sister, or any other potential character witnesses, been contacted by Attorney Whickham for their testimonies?

General Information:
- In Michigan, character witnesses can be crucial in a defense case.
- They can testify at Calhoun County Court, * E Michigan Ave, Battle Creek, MI *.
Yes but she hasn't reached out to anyone. She keeps pushing for him to take the deal. She leaves 3 days into his trial whether it's over or not.
What is the name of his sister and has she been prepared to testify in court? In Michigan, character witnesses can be crucial in a defense case.
Makenzi Richardson
What specific instances can Makenzi Richardson recall where Tyler has shown non-abusive or non-threatening behavior towards children?
And no his attorney hasn't spoken to anyone
What steps have you taken to communicate your concerns about the attorney's lack of action to the court?
We haven't until now. She gave him until Monday to decide
What is the decision your son needs to make by Monday?
To take the plea of * yrs or fight
What are the potential consequences if your son decides to fight the charges?
Possible longer sentence
What is the maximum sentence he could face if he decides to fight the charges and is found guilty? In Michigan, 1st degree CSC can carry a life sentence.
That's where we are stuck. He doesn't know what he should do.
What are the potential benefits if your son decides to fight the charges?
He could be found innocent and be able to live his life with his daughter happily
What is the stance of the court-appointed doctor on the potential impact of the pushed confession on your son's case?

General Information:
- In Michigan, expert testimony can significantly influence the outcome of a case.
- The court-appointed doctor can testify at Calhoun County Court, * E Michigan Ave, Battle Creek, MI *.
We do not know. His attorney doesn't really focus that information
What is the name of the court-appointed doctor who evaluated your son's confession?
Dr
What is the full name of the court-appointed doctor who evaluated your son's confession?
Just one moment he's looking up his name
What is the full name of the court-appointed doctor who evaluated your son's confession?
DOC Randall Haugen
What is Dr. Randall Haugen's professional opinion on the validity of your son's confession?
He said he feels it pushed. He said a lot of what was said was suggested to Tyler
Has Dr. Randall Haugen's opinion been officially documented and submitted to the court?
We do not know
Have you requested a copy of Dr. Randall Haugen's report from Attorney Whickham?

General Information:
- In Michigan, you have the right to access all documents related to your case.
- You can request these at Calhoun County Court, * E Michigan Ave, Battle Creek, MI *.
We have next to no communication with her
What steps have you taken to improve communication with Attorney Whickham?
He calls but we don't really get any answers for questions.
What specific questions have you asked Attorney Whickham that she has not answered?
He's calling to get a copy of the evaluation now. I told him when done he needs to call his attorney and ask her who's she's calling and such
What was the outcome of the call to get a copy of the evaluation?
He said he doesn't even ask questions that every time he tries she tells him he should take the deal
What is the name of the judge presiding over your son's case? In Michigan, you can file a complaint against an attorney for lack of communication with the Michigan State Bar Association.
She's leaving for whatever reason 3 days into his trial. She will only e available to help him by phone at that point she said.
What is the name of the judge presiding over your son's case?
Richardson
What specific actions has Judge Richardson taken in your son's case so far?
Michelle Richardson
What specific actions has Judge Michelle Richardson taken in your son's case so far?

General Information:
- In Michigan, judges are responsible for ensuring a fair trial.
- Judge Michelle Richardson presides at Calhoun County Court, * E Michigan Ave, Battle Creek, MI *.
Um as of now they gave him supervised visitation of his daughter
What is the frequency and duration of these supervised visitations?
As often as she wants to come over for a few hours a a whole day (not overnight). Sometimes daily.
What are the terms and conditions of these supervised visitations?
Just that he's supervised
Who supervises these visits? In Michigan, the supervisor is usually a neutral third party or a family member agreed upon by both parties.
I do
What is your relationship with your son's daughter and her mother?
We all speak. We have no problems with each other. Nor they with Tyler.
What is the stance of your son's daughter's mother regarding the charges against him?
She doesn't believe it in any way. She fully trusts Tyler.
What is the name of your son's daughter's mother?
Kayla Smith
What specific instances can Kayla Smith recall where Tyler has shown non-abusive or non-threatening behavior towards children?
All. He's never been abusive
Tyler may get a little loud but that's it
What specific instances can Kayla Smith recall where Tyler has shown non-abusive or non-threatening behavior towards their daughter?
All. Tyler has always been a very loving caring father
Has Kayla Smith been contacted by Attorney Whickham to testify about Tyler's character in court?

General Information:
- In Michigan, character witnesses can be crucial in a defense case.
- Kayla Smith can testify at Calhoun County Court, * E Michigan Ave, Battle Creek, MI *.
Kaylas mother would also testify. Krystal Smith. T
Has Krystal Smith been contacted by Attorney Whickham for her testimony?

General Information:
- Character witnesses like Krystal Smith can testify at Calhoun County Court, * E Michigan Ave, Battle Creek, MI *.
No
What specific instances can Krystal Smith recall where Tyler has shown non-abusive or non-threatening behavior towards children?
All. She would say Tyler is a good dad. He should be a little more active but court stuff has us a little scared of doing too much
What specific instances can Krystal Smith recall where Tyler has shown non-abusive or non-threatening behavior towards their granddaughter?
Dad not say sorry
What do you mean by "Dad not say sorry"? Could you please provide more context?
She would say Tyler is a good dad.
What specific instances can Krystal Smith recall where Tyler has shown non-abusive or non-threatening behavior towards their granddaughter?
She would say he's a good dad all the time just needs to be more present
What specific actions or behaviors does Krystal Smith believe demonstrate that Tyler is a good father?
Tyler stayed home with haydn the first yr of her life. She is his everything. He doesn't want more children. Tyler just needs to be more involved.
What specific actions or behaviors does Krystal Smith believe demonstrate that Tyler needs to be more involved?
The availability for her to spend weekends with us here. To be able to have her alone so he could have more time. I'm not always available. I have a lot of health issues. Which Tyler is my care taker. He helps me with everything in life
What specific actions or behaviors does Krystal Smith believe demonstrate that Tyler is a good caretaker?
Tyler is very much so in the moment with haydn. She wants her daddy she gets her daddy. She loves being here with him. Playing video games watching movies cooking taking the puppy out to play
What specific instances can Krystal Smith recall where Tyler has shown non-abusive or non-threatening behavior towards Haydn during these activities?
Her birthday party. He helped hand her gifts to her. He helped with anything needed. He played with the kids sang.
What is the stance of Haydn's mother, Kayla Smith, on these allegations against Tyler?
She does NOT believe them at all
Has Kayla Smith expressed her disbelief in the allegations to the court or to Attorney Whickham?
No one has contacted them for there information any anything
What steps have you taken to ensure that Kayla Smith's stance is communicated to the court or Attorney Whickham?

General Information:
- In Michigan, the testimony of the child's mother can significantly influence the case.
- She can testify at Calhoun County Court, * E Michigan Ave, Battle Creek, MI *.
What should we do? Do we go to the court file a complaint try for new lawyer or push his current one?
What specific complaints do you have about your current attorney's handling of the case?

General Information:
- In Michigan, you can file a complaint against an attorney with the Michigan State Bar Association.
- For more details, visit their office at * Townsend St, Lansing, MI *.
Lack of communication lack of effort
What specific actions or steps do you believe Attorney Whickham should have taken but didn't?
Contacted contractor witnesses spoken to him more
What specific information or testimony could these potential witnesses provide that could help your son's case?
No
That Tyler is a good person a good father and couldn't hurt someone like that. His sister was hurt in that way by her father and he knows what it does to a person. He simply couldn't do it
What is the name of the person who accused your son?
She would also say he's a good day. Just that he needs to be more present
Amber Johnson
What is the relationship between Amber Johnson and your son?
It was her daughter I do not remember her name
What is the nature of the relationship between your son and Amber Johnson's daughter?
They have no relationship
None
They don't
There is no relation
What is the nature of the accusations made by Amber Johnson's daughter against your son?
That he made her touch him and do oral
Is this a real person or assistant
I'm an AI assistant designed to provide legal information. How can I assist you further with your son's case?
Should he fight or take the deal with the information you have
What is your son's perspective on the situation? Does he feel confident in fighting the charges or is he leaning towards accepting the deal?
He believes the court will take the childs side because she is just that a child. He's leaning towards the deal. He's terrified if he fights he will get longer than the deal they are offering
What is the maximum sentence he could face if he decides to fight the charges and is found guilty?

General Information:
- In Michigan, 1st degree CSC can carry a life sentence.
- For court details, visit Calhoun County Court, * E Michigan Ave, Battle Creek, MI *.
Life
Life in prison
What does he do
I don't know
Help
* yrs to life
What are the specific charges against your son? In Michigan, 1st degree Criminal Sexual Conduct (CSC) can carry a sentence of up to life imprisonment.
I've already told you
How do we file the request for a new attorney? And is it too late?
To file a request for a new attorney, you need to submit a "Motion to Substitute Counsel" to the court. Is your son's case still ongoing?
Yes
To file a "Motion to Substitute Counsel", you need to:

- Draft the motion stating reasons for substitution
- File it at the court where the case is ongoing
- Serve a copy to the current attorney and prosecutor

Is the case in a Michigan court?
Yes
To file a "Motion to Substitute Counsel" in Michigan:

- Draft the motion stating reasons for substitution
- File it at the court where the case is ongoing
- Serve a copy to the current attorney and prosecutor

The nearest court is Michigan Supreme Court, contact: (*) *-*.
Thank you
You're welcome! If you have any more questions or need further assistance, feel free to ask.