Forums
New posts
Search forums
What's new
New posts
New profile posts
Latest activity
Internet Search
Members
Current visitors
New profile posts
Search profile posts
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Forums
Parent Support Forums
Substance Abuse
How The System Works....
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="Mikey" data-source="post: 92832" data-attributes="member: 3579"><p>DDD: I am so sorry you are going through this. My family has a similar story with my brother, only in his case they threw the book at him on trumped up charges because he was a cop. They even went so far as to "double charge" <strong>and</strong> convict him (theft and malfeasance in office), which you can't do because they're considered the same offense.</p><p></p><p>After he was found guilty on four counts (two theft, to MIO), he went to prison on a 20+ year sentence. He had to fight for four years at the 5th Circuit Court of Appeals. First was on the sentencing because the judge went far beyond what both the prosecutors and the PD were asking for. 5thCC agreed, remanded it back to the judge for reconsideration and resentencing, which he promptly did - he resentenced him to his original sentence! Second was on the MIO charges. Bro was finally able to get the 5thCC to overturn conviction on the two MIO charges because they were considered double-jeopardy with the theft charges.</p><p></p><p>Afterwards, the 5thCC sent <strong>another</strong> demand to the judge for reconsideration of the sentence on the remaining charges - this time with specific guidance. There was also the subtle hint that if the judge balked this time, that the State Supreme Court and the state BAR association might get involved. Bro finally ended up serving 7.5 yrs, only about 2 yrs less than if he'd served the full sentence with good time.</p><p></p><p>I say all this because we discovered that there is help out there. The ACLU wouldn't take his case, but provided some great information to his lawyer on the double jeopardy thing. Local advocacy groups with ties to the BAR in our state also helped shape the arguments at the 5th Circuit. Ultimately, Bro's jailhouse lawyer efforts, combined with his attorney and outside help prevailed - but it was a long fight.</p><p></p><p>My message is that there may be help out there that you haven't yet found, so keep looking. Also, that the judge on your son's case is NOT the final authority on what happens; if ever there was a situation that screamed "appeals", this is it. (unfortunately, though, you can't appeal until convicted and sentenced, so hopefully this is an option you won't have to use).</p><p></p><p>Finally, <strong>DON'T GIVE UP!</strong>. You don't always slay the dragon, but dragons <strong>can</strong> be killed. Get some help, and look in places you haven't looked yet. There may even be some prisoner advocacy groups that would be willing to help you. Look for them - especially ones that concentrate on cases like your son's situation. In my Bro's case, he even had the prosecutor supporting his arguments at the 5th CC! You just never know....</p><p></p><p>Hope this helps, or at least helps you along for another day.</p><p></p><p>Mikey</p></blockquote><p></p>
[QUOTE="Mikey, post: 92832, member: 3579"] DDD: I am so sorry you are going through this. My family has a similar story with my brother, only in his case they threw the book at him on trumped up charges because he was a cop. They even went so far as to "double charge" [b]and[/b] convict him (theft and malfeasance in office), which you can't do because they're considered the same offense. After he was found guilty on four counts (two theft, to MIO), he went to prison on a 20+ year sentence. He had to fight for four years at the 5th Circuit Court of Appeals. First was on the sentencing because the judge went far beyond what both the prosecutors and the PD were asking for. 5thCC agreed, remanded it back to the judge for reconsideration and resentencing, which he promptly did - he resentenced him to his original sentence! Second was on the MIO charges. Bro was finally able to get the 5thCC to overturn conviction on the two MIO charges because they were considered double-jeopardy with the theft charges. Afterwards, the 5thCC sent [b]another[/b] demand to the judge for reconsideration of the sentence on the remaining charges - this time with specific guidance. There was also the subtle hint that if the judge balked this time, that the State Supreme Court and the state BAR association might get involved. Bro finally ended up serving 7.5 yrs, only about 2 yrs less than if he'd served the full sentence with good time. I say all this because we discovered that there is help out there. The ACLU wouldn't take his case, but provided some great information to his lawyer on the double jeopardy thing. Local advocacy groups with ties to the BAR in our state also helped shape the arguments at the 5th Circuit. Ultimately, Bro's jailhouse lawyer efforts, combined with his attorney and outside help prevailed - but it was a long fight. My message is that there may be help out there that you haven't yet found, so keep looking. Also, that the judge on your son's case is NOT the final authority on what happens; if ever there was a situation that screamed "appeals", this is it. (unfortunately, though, you can't appeal until convicted and sentenced, so hopefully this is an option you won't have to use). Finally, [b]DON'T GIVE UP![/b]. You don't always slay the dragon, but dragons [b]can[/b] be killed. Get some help, and look in places you haven't looked yet. There may even be some prisoner advocacy groups that would be willing to help you. Look for them - especially ones that concentrate on cases like your son's situation. In my Bro's case, he even had the prosecutor supporting his arguments at the 5th CC! You just never know.... Hope this helps, or at least helps you along for another day. Mikey [/QUOTE]
Insert quotes…
Verification
Post reply
Forums
Parent Support Forums
Substance Abuse
How The System Works....
Top