Legal Help Available - Page 17

reidsbaby · #**241** 11-19-2009, 05:39 PM

hi !! Hoping someone might know what to do. My husband is getting ready to get out and parole officer is saying he can't have contact with "any victim" of the "current offense" They have me listed as a victim... He is in on resisting arrest. the original charges were resisting arrest, agg assault on officer, and verbal assault/DV because he and I were arguing BEFORE the cops showed up. when he accepted the plea I asked to make sure I wouldnt be listed as a victim, his attorney "Shhh'd" me and the prosecutor, defense atty, or judge would answer me. when i called her last week she was nasty and said not her problem but looked like it was for us and started laughing then hung up. (she didn't like me because she said sign a plea the first time she talked to my hubby and I questioned that)
Anyhow, my question is ~ Is there anything I can do ? the transcripts show me asking this question to the court AND to the presentencing . ??????? ugh !!!! Please tell me there is a solution that ISN'T going to break me ~~~ 3 kids at home and one overseas do that as it is.
THANK YOU !!!

134 michael · #**242** 11-20-2009, 08:47 AM

Quote:

Originally Posted by ThaNumbaOneStunna

Hello Everyone,

I just wanted to post this information to everyone who might be interested. I am fairly new to this website. However, I wanted to let everyone know that I offer my legal help to anyone that needs or wants it. I am located in Los Angeles, CA. I am a non-practicing lawyer of the California State Bar. I am also an Independent Paralegal. This is were I do my Pro Bono work. I asssit mostly incarcerated inmates in filing and preparing to try their cases pro per. So if this helps in one then good, just a little FYI.

Thanks,
AK

how do you get this help... who do you check with.

134 michael · #**243** 11-20-2009, 08:48 AM

Has anyone got this help yet ??? Do you know who you would contact here in GA ??

reidsbaby · #**244** 11-20-2009, 09:21 AM

Quote:

Originally Posted by 134 michael

Has anyone got this help yet ??? Do you know who you would contact here in GA ??

that person hasn't posted in a couple years....looks like account is closed,,sorry

Gryphon · #**245** 11-20-2009, 11:55 AM

It's seem like you'd have to convince the parole officer making the call about who is a "victim" change their mind, and the argument would have to revolve around their definition of "victim" within the meaning of their administrative regulations.
I assume they got your name from the police report or sentencing report. Even if the court did delete your name from the charges paroel could still get your name from those other documents. Parole wouldn't be held to the court's decision to drop your name from the charging documents and change of plea (because as an administative agency, they can make their own decisions under Separation of Powers.) So, if this is the situation it is an appeal to reason based on what appears in the documents they are relying on. If the situation was verbal only, there may only have been a misdemenaor disturbing the peace in progress, and maybe that isn't the kind of "victim" that ought to be subject to a parole dept. stay away order where the "victim" requests contact.
On teh other hand, they could be relying on the charging or sentencing ddocuments that were prepared in error if the court ordered that your name not appear. If that is the case, you'd have to return to the court to get amended court documents that comply with the previous order.
The problem is that it may be hard to discover exactly what parole is relying on (unless they'd like to simply tell you. Getting that answer may be harder than it appears because it may be difficult to identify who is in charge of this decision.) You might have to try both avenues.

I suppose all of this could be DIY, but it'd easier to work with a lawyer and there'd be a higher likelyhood that phone calls get returned.

Quote:

Originally Posted by reidsbaby

hi !! Hoping someone might know what to do. My husband is getting ready to get out and parole officer is saying he can't have contact with "any victim" of the "current offense" They have me listed as a victim... He is in on resisting arrest. the original charges were resisting arrest, agg assault on officer, and verbal assault/DV because he and I were arguing BEFORE the cops showed up. when he accepted the plea I asked to make sure I wouldnt be listed as a victim, his attorney "Shhh'd" me and the prosecutor, defense atty, or judge would answer me. when i called her last week she was nasty and said not her problem but looked like it was for us and started laughing then hung up. (she didn't like me because she said sign a plea the first time she talked to my hubby and I questioned that)
Anyhow, my question is ~ Is there anything I can do ? the transcripts show me asking this question to the court AND to the presentencing . ??????? ugh !!!! Please tell me there is a solution that ISN'T going to break me ~~~ 3 kids at home and one overseas do that as it is.
THANK YOU !!!