Notice to new members intending to register - from January 9th 2012

staci1111 · #1 04-06-2012, 07:12 AM

If my husband told the lady that did his psr he didn't have a drug prob but really did can he still get into the drug program once he gose to federal?

**fbopnomore** · #2 04-06-2012, 08:26 AM

He can apply for RDAP, but it will be more difficult because it isn't noted in his PSI report. It's certainly worth a try though.

bellisq · #3 04-06-2012, 12:19 PM

Your husband just has to provide documentation to the program that he was having problems with drugs or alcohol in the year before he entered prison. there are a number of ways to do this: failed UA on supervision, DUI, over-supply of prescriptive meds, letter from a physician, etc.

Sarge57 · #4 04-06-2012, 12:20 PM

It is unfortunate he did not say anything to the PSI lady. Many times the attorney's tell their clients not to say anything so as not to bring in disparaging information. They just don't know about the RDAP program. However, he can still get the RDAP as many court opinions and BOP policy now recognize this problem. He should get some declarations from anyone who has knowledge of his drug problems within a year of his arrest and present them to the RDAP coordinator. Have him also truthfully make his own declaration about his drug usage and how it has destroyed his life, his family, and that he honestly wants to change his ways. If he is denied the RDAP, there is an outfit in California that specializes
in reversing these decisions called the James E. Dremann Legal Help Foundation. Their phone number is (916) 607-6098. I hope this helps and good luck.

Sarge57

Zelda50 · #5 04-07-2012, 07:34 PM

James E. Dremann (1943 - 2011) Obituary

James E. Dremann
9/26/1943 - 9/21/2011

Jimmy RODE HIS HARLEY TO HEAVEN, five days before his 68th birthday. He was the best husband to his bride of 32 years...
He was a savior to the hundreds of clients in his Criminal Law Practice, and he was the former District Attorney of Sierra County.
Jimmy was in the process of forming a new legal consortium, with a handpicked team of legal minds, that may have shaken the foundations of our Criminal Justice system.

Sarge57 · #6 04-10-2012, 01:09 PM

Zelda50 is correct. The legal consortium discussed in Mr. Dremann's obituary honored him and his family by naming their new practice after him. The James E. Dremann Legal Help Foundation is based in Applegate, California. They also do federal and state post conviction work to reopen cases.

Sarge57

ekanui · #7 04-17-2012, 03:15 PM

Unless things have changed since I was incarcerated you would need to have been convicted of a drug crime to be eligible for the RDAP program. He could sign up for the NON RESIDENTIAL Drug abuse program. Its one day a week for 3 months, instead of the 4 day a week 10 month DAP program. No time will be taken off his sentence but it does look good at 'Program Review Reports'. Maybe things have changed, I hope the best for you and your loved one.

Zelda50 · #8 04-17-2012, 04:22 PM

Quote:

Originally Posted by Sarge57

Zelda50 is correct. The legal consortium discussed in Mr. Dremann's obituary honored him and his family by naming their new practice after him. The James E. Dremann Legal Help Foundation is based in Applegate, California. They also do federal and state post conviction work to reopen cases.

Sarge57

So who is/are the attorney(s) in charge of the legal clinic now?

staci1111 · #9 04-17-2012, 07:57 PM

So is possession with intent to deliver the type of drug charge u are talking about? Thanks y'all for all the wonderful info.

Sarge57 · #10 04-19-2012, 03:13 PM

Carl Moore was a long time personal friend of Mr. Dremann's and set up the James E. Dremann Legal Help Foundation. See website at: dremannfoundation.yolasite.com. The foundation works in conjunction with attorney Robert A. Young (a former judge) who is located in Auburn, California, and attorney Steven Williams who is located in Walnut Creek, California. Mr. Young and Mr. Williams both have their own practices. Mr. Young does DUI's, reducing felony's to misdemeanors under California Penal Code 17(b), and criminal matters. While Mr. Williams does civil matters like lawsuits and probate cases. The foundation also does pro se filings for the prisoners in the event they cannot afford an attorney that they simply file themselves from prison. When the court orders the evidentiary hearing, the prisoners are then assigned a Public Defender or a Criminal Justice Act attorney for free so long as they file an in forma pauperis declaration. That saves a lot of money for the prisoners. The website says the foundation reviews all cases for free.

Loyalty999 · #11 05-08-2012, 10:56 PM

Is it true that the inmate must be a US citizen to be eligible for RDAP? His attorney said that he either has to be a US citizen or not be awaiting deportation after his sentence is served. Please confirm if there is truth to this, thank you in advance.

dandm4life · #12 05-09-2012, 07:51 AM

Yes you have to be a us citizen for the time off.

bellisq · #13 05-09-2012, 10:01 AM

To do RDAP, you have to be a US Citizen for a lot of reasons. The program is expensive and preventing recidivism is the goal, so deportable folks aren't where BOP wants to spend specialrresources. 6 months in a halfway house is a requirement and people being deported aren't eligible for that. Also, you DO NOT need a drug charge, but a person's history, such as violence, guns, some SO, etc. can disqualify them. By the way, 8 months is the average time off with RDAP.

Loyalty999 · #14 05-09-2012, 11:52 AM

So no rdap and half way house; I can't wait to hear what's next

bellisq · #15 05-10-2012, 03:02 PM

Unfortunately, if your LO is anticipating an armed Career offender enhancement, you are looking at the wrong end of the BOP. You need to focus on the realities of medium to high security facilities.

Loyalty999 · #16 05-10-2012, 08:27 PM

According to him and his attorney, the interview went "very well"...thank God! How soon will it take for the report to be ready? I was told that the po was going to call me to verify information; any idea when to anticipate the call? What type of information will I be verifying...biographical, financial? I submitted my letter to be included in the report; I was told it helped some. How will I know what security level facility he will be designated to? Sorry for all the questions. THANK YOU SO MUCH to everyone whose helped me throughout this process. Another step down...

bellisq · #17 05-10-2012, 11:48 PM

Security level is decided by the BOP after sentencing. Don't discuss the charges or his alleged illegal behavior. Usually they want to know about you a bit and could ask anything about his history, family, medical.This is your time to throw in the good stuff, relating to you, family, and community. It could be as short as minutes or could last an hour.

Loyalty999 · #18 05-11-2012, 10:49 AM

Thank you bellisq for the valuable information. Initially, I was worried about the call, but now I know to approach it with a positive outlook instead of skepticism.

Kayla28 · #19 05-14-2012, 03:43 AM

I am not sure if he has a gun.involved in the case, but if he does, only the 9th circuit prisons will give time off for the rdap for inmates with gun crimes. my guy was sentenced in the 6th circuit in michigan but got sent to.california in the 9th circuit and got approved but then got shipped to colorado. Make sure you tell the po about hia work history, education, if he has family ties, kids, a business, etc. Do 't dwell on the negative with the po. In fact, try to avoid it lol. Goodluck. We are here if needed.