Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison Legal Help!
Register Blogs Entertainment FAQ Calendar Mark Forums Read

Prison Legal Help! Ask questions, get opinions, and find resources.

Reply
 
Thread Tools Display Modes
  #226  
Old 09-29-2009, 08:20 PM
Gryphon Gryphon is offline
Registered User
 
Join Date: Oct 2005
Location: CA Sacramento
Posts: 4,325
Thanks: 0
Thanked 1,033 Times in 742 Posts
Default

Quote:
Originally Posted by 4th time around View Post
i was just wondering is there any pro bono lawyers in ohio and if you knew any close to columbus ohio, masfield ohio area.
Once again, the person you contacted hasn't posted on this board in years. The thread lives on, though so you may get an answer to your question. It's probably a question that's better posted on your home state's forum. No one outside that specific and limited geographic area would be able to answer you.

In general: what you are really asking is that a lawyer handle a case for free. Every once in a while a lawyer will in fact help out a pal. A lawyer can't make a living just taking cases without compensation, so there probably aren't more than a handful of independently wealthy lawyers in the whole country who have that ability (as well as the inclination.) A famous Pro Bono firm is Project Innocense in NYC, but I think they only do DNA writ cases.
Rarely, a law school takes a case on as a project or a very large firm lets a lawyer do an "interest of justice" case where there is a defendant who very much looks like a sympathetic victim.
Little old ladies wrongfully losing social security will attract soem volunteer lawyers. I've seen some immigration lawyer volunteers in higher profile cases where the government was picking on widows and orphans. Evicting the homeless from cardboard boxes will bring out some volunteers.
Overall, there is no such animal as a free lawyer.
There are appointed lawyers a client doesn't have to pay for. That's true in any criminal case that might result in a loss of liberty. They can also be appointed for writ hearings, appeals, parole and probation violations, and sometimes in situations involving child custody. The lawyer is getting paid, just not by the client.
Reply With Quote
Sponsored Links
  #227  
Old 09-30-2009, 11:39 PM
MrsMorales's Avatar
MrsMorales MrsMorales is offline
Registered User
 

Join Date: Sep 2009
Location: California
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default losing all hope...

my fiance is currently located at nccf and is waiting on his pre trial to see what they will sentence him to, he had 2 dui's, and a felony charge that he picked up last year. this year he picked up his 3rd dui. the judge is trying to get him on a violation of probation, but i thought that it had to be the same kind of crime in order to violate. his P.O. wrote a letter stating not to violate him, but the judge is still trying to give him 3 years. we hired an attorney and after the first court date he hasn't done anything but bad mouth my fiance. he called him a psychopath because he didn't want to sign off on the 3 years, and he also called someone who was a family friend and a previous client and told them about his case. he then had the nerve to say that he deserves to be in jail and with that attitude no wonder he's where he's at. he left all of these on my sister in laws voice mail and when she called him back regarding those he told her to delete them all and that he never said that. he also said that he dismissed himself off the case because we never paid him for the case if it went to trial and that was going to be an additional charge, unfortunately my mother in law cannot find the contract she signed and when she called to ask for it, he won't give her a copy. we are lost and don't know what to do anymore...please help...
Reply With Quote
  #228  
Old 10-01-2009, 01:32 AM
Gryphon Gryphon is offline
Registered User
 
Join Date: Oct 2005
Location: CA Sacramento
Posts: 4,325
Thanks: 0
Thanked 1,033 Times in 742 Posts
Default

The VOP can be for any law violation, or a violation of any court order (including obey all laws.) The problem with a VOP is that the court can pick any lawful sentence and there's not much to be done other than try to appeal to logic given whatever mitigating facts might exist. VOPs are always a tough situation.
If the lawyer bailed out, the defendant can have a public defender if he financially qualifies.
If the lawyer did something unethical or didn't perform per the contract, then you can take him to arbitration with the State Bar. You can take him to arbitration even though you don't have a copy of the contract (he'll have to provide one.) I'd have the client ask questions in writing, and ask for the contract. Send that letter registred mail so you can prove he recieved it.
The way you describe it, the lawyer sounds crazy. The alternative is you don't have an accurate picture of what is going on.

Quote:
Originally Posted by MrsMorales View Post
my fiance is currently located at nccf and is waiting on his pre trial to see what they will sentence him to, he had 2 dui's, and a felony charge that he picked up last year. this year he picked up his 3rd dui. the judge is trying to get him on a violation of probation, but i thought that it had to be the same kind of crime in order to violate. his P.O. wrote a letter stating not to violate him, but the judge is still trying to give him 3 years. we hired an attorney and after the first court date he hasn't done anything but bad mouth my fiance. he called him a psychopath because he didn't want to sign off on the 3 years, and he also called someone who was a family friend and a previous client and told them about his case. he then had the nerve to say that he deserves to be in jail and with that attitude no wonder he's where he's at. he left all of these on my sister in laws voice mail and when she called him back regarding those he told her to delete them all and that he never said that. he also said that he dismissed himself off the case because we never paid him for the case if it went to trial and that was going to be an additional charge, unfortunately my mother in law cannot find the contract she signed and when she called to ask for it, he won't give her a copy. we are lost and don't know what to do anymore...please help...
Reply With Quote
  #229  
Old 10-02-2009, 07:30 AM
MissLax MissLax is offline
Registered User
 

Join Date: Oct 2009
Location: Indiana us
Posts: 2
Thanks: 1
Thanked 0 Times in 0 Posts
Default

My boyfriend recently signed a plea bargin for 20-40 years for voluntary manslaughter. His attorney, which we gave OVER $16,000 to, totally reassured us that he would get the manditory minimum which is 20 do 10. Well, when we went to court, the judge gave him the MAX. He now has 40 years. We tried a motion to appeal however, I guess in the plea, it was stated that there is no chance for an appeal. We were all UNAWARE of this and feel that the lawyer lied to us. The lawyer will not return any phone calls and when I visited his office, his secretary said that he was in court but his car was in the parking lot. Something is not settleing right with me about this whole plea and the attorney. Is my boyfriend just stuck doing 40 years or is there something else he can do?
Reply With Quote
  #230  
Old 10-02-2009, 09:45 AM
Paralegal USA Paralegal USA is offline
Registered User
 

Join Date: Feb 2008
Location: U.S.A.
Posts: 1,052
Thanks: 7
Thanked 371 Times in 266 Posts
Default

Quote:
Originally Posted by MissLax View Post
My boyfriend recently signed a plea bargin for 20-40 years for voluntary manslaughter. His attorney, which we gave OVER $16,000 to, totally reassured us that he would get the manditory minimum which is 20 do 10. Well, when we went to court, the judge gave him the MAX. He now has 40 years. We tried a motion to appeal however, I guess in the plea, it was stated that there is no chance for an appeal. We were all UNAWARE of this and feel that the lawyer lied to us. The lawyer will not return any phone calls and when I visited his office, his secretary said that he was in court but his car was in the parking lot. Something is not settleing right with me about this whole plea and the attorney. Is my boyfriend just stuck doing 40 years or is there something else he can do?
One would have to review the plea minutes to determine if the plea was all of knowingly, intelligently, and voluntarily entered before being able to determine if there were grounds for post-conviction relief.
Reply With Quote
  #231  
Old 10-08-2009, 05:21 AM
spiritnsoul spiritnsoul is offline
spiritnsoul
 

Join Date: Jan 2008
Location: India
Posts: 30
Thanks: 1
Thanked 11 Times in 4 Posts
Default

Hello, what can one do if a son in prison is assaulted ( did not defend himself) & was put in the SHU for nearly two months after this incident. The assault took place in a public place just outside the guards post, but the guard was not at his post at the time. The Special Investigator visited after one month , and no charges were filed on my son. It was clear he was innocent. There were several witnesses. The assaulter however had charges filed though. Both of them were released from the shu after one and a half month. My son was informed that he cannot leave the shu until the other man does despite his innocence. He was released on monday and we havent heard from him, and are very worried. Because my son did not defend himself he was unsafe in the general population -- and we heard that he should go back to the SHU for his own safety. We do not know where he is at this time and do not know if he is hurt or attacked again as before. .How long can one be kept in the shu despite no fault? and what solutions can we get legally for this problem? My son is small , barely 5 ft 5 inches and has asthma and other health problems. Defending himself against anybody bigger than him would be tantamount to suicide. Is there anything the prison can do to ensure safety of an inmate without confinement in the shu? Is there anyway for a parent to ensure that her son stays safe and alive?
------------------------------------------------------------------------

Quote:
Originally Posted by ThaNumbaOneStunna View Post
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
Reply With Quote
  #232  
Old 11-03-2009, 02:21 PM
Tia74 Tia74 is offline
Registered User
 

Join Date: Sep 2006
Location: Ohio
Posts: 12
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Hello everyone,
I need to find a good lawyer in the cleveland or columbus area. i live in alliance 15 min from canton and i refuse to give my anymore money that i donot have to caton/akron anymore. they have robbed me blind with lies. i need a good drug defense lawyer that can help me with clemsy papers or judical release or even probation anything to get my brother home. he is doing 10 yrs for drugs i think the lawyer can find a loop hole and get entire case dropped. he is a first time non violent offender....can someone please help me help him on 3-9-10 will be 4 yrs. he has no charges while in there he participates in programs, he's recieved his ged while there so he is doing fine but just wanna be home.
__________________
Tia

Last edited by Tia74; 11-03-2009 at 02:29 PM..
Reply With Quote
  #233  
Old 11-03-2009, 02:53 PM
supermommy31's Avatar
supermommy31 supermommy31 is offline
always && forever
 

Join Date: Oct 2009
Location: texas
Posts: 25
Thanks: 2
Thanked 3 Times in 3 Posts
Default

Hi I'm new to this so hopefully I did this right...
I live in Texas and my husband was sentenced in Ohio they gave him 14 months. His lawyer said that he wasn't going to do time that he would probably just get probation but of course that wasn't the case. Then the lawyer changed his story once he was sentanced and said not to worry that he was going to file his judicial realease and would be out in less that two months. That time has passed and according to him he already filed the papers. I called to the court that same day he "turned them in" and they said they had no record of it. I waited a couple of days thinking that it might take time to get processed and still had the same response from the court. I then called to the court and asked them if it took time and they told me that if he turned it in that that same day it should come out in the system so i called him back and let him know. He first said that it takes time and i told him that they told me it didnt so he told me that he didnt know what was going on because he turned it in. Now for some strange reason I can't get a hold of him. I keep calling him and leaving him messages and he just wont return my call. It's really hard cause i live far away and its not like i can just go give him a visit. What should I do?? Can I file for it?? Can i get my money back?? Should i get another lawyer??
Please Help
__________________
[[J+J=A&A]]
I LOVE YOU
always && forever
We Were Meant To Be Together
So Whatever It Takes...
because distance means so little
when some one means so much





Reply With Quote
  #234  
Old 11-03-2009, 08:14 PM
Gryphon Gryphon is offline
Registered User
 
Join Date: Oct 2005
Location: CA Sacramento
Posts: 4,325
Thanks: 0
Thanked 1,033 Times in 742 Posts
Default

For a home town question like this, you may have more luck posting in your home state's forum.
in some state's you can get local attorney referral's from the local or the State bar association. That will just give you neames, and won't really answer your question. Some states will allow attorneys to take a BS test that lets thm "specialize" in criminal law. That tells you a little bit more. The State bar web site will tell you how long they've been a lawyer and if they've had a major problem that resulted in some sort of discipline. Again. not really what you are looking for. If you combine each of these factors, you have a better idea about who to hire than you do right now. That's pretty much all the useful information that's available on line. There are online resources that aren't worth a darn that porports to rank local lawyers. I've checked then out and found them to be hogwash. There's a publication called martindale Hubbell that contains firm ratings, but must criminal defense lawyers aren't in firms that are going to be rated.
I always suggest that the people with thee most knowledge work in the courthouse. Bailiffs, clerks , and court reporters are experts on who's who in a courthouse. If you have a public defender's office, you can ask for a short list of who'd they hire if a loved one neeeded a criminal defense lawyer (assuming you can button hole somone outside a court of get someone to return your call).

Quote:
Originally Posted by Tia74 View Post
Hello everyone,
I need to find a good lawyer in the cleveland or columbus area. i live in alliance 15 min from canton and i refuse to give my anymore money that i donot have to caton/akron anymore. they have robbed me blind with lies. i need a good drug defense lawyer that can help me with clemsy papers or judical release or even probation anything to get my brother home. he is doing 10 yrs for drugs i think the lawyer can find a loop hole and get entire case dropped. he is a first time non violent offender....can someone please help me help him on 3-9-10 will be 4 yrs. he has no charges while in there he participates in programs, he's recieved his ged while there so he is doing fine but just wanna be home.
Reply With Quote
  #235  
Old 11-03-2009, 08:19 PM
Gryphon Gryphon is offline
Registered User
 
Join Date: Oct 2005
Location: CA Sacramento
Posts: 4,325
Thanks: 0
Thanked 1,033 Times in 742 Posts
Default

An inmate can request protective housing. That could be SHU, or SNY (special needs yard), or a few other things as well. It means that there could be a loss of priviledges (including work or education) and ther eis a stigma that can be attached to it.

How long someone is in SHU housing is something that the prison determines. I suppose there are theoretical limits, but I know instances where SHU housing lasted for years. At some point, an inmate could bring a Writ of habeus Corpus arguing a Due Process denial if the SHU housing was for no good reason. In this case, it sounds like the reason was the inmate's physical safety.

If you lose contact with an inmate, I've seen the prison Chaplain's office become very useful as a way to regain contact.

Quote:
Originally Posted by spiritnsoul View Post
Hello, what can one do if a son in prison is assaulted ( did not defend himself) & was put in the SHU for nearly two months after this incident. The assault took place in a public place just outside the guards post, but the guard was not at his post at the time. The Special Investigator visited after one month , and no charges were filed on my son. It was clear he was innocent. There were several witnesses. The assaulter however had charges filed though. Both of them were released from the shu after one and a half month. My son was informed that he cannot leave the shu until the other man does despite his innocence. He was released on monday and we havent heard from him, and are very worried. Because my son did not defend himself he was unsafe in the general population -- and we heard that he should go back to the SHU for his own safety. We do not know where he is at this time and do not know if he is hurt or attacked again as before. .How long can one be kept in the shu despite no fault? and what solutions can we get legally for this problem? My son is small , barely 5 ft 5 inches and has asthma and other health problems. Defending himself against anybody bigger than him would be tantamount to suicide. Is there anything the prison can do to ensure safety of an inmate without confinement in the shu? Is there anyway for a parent to ensure that her son stays safe and alive?
------------------------------------------------------------------------
Reply With Quote
  #236  
Old 11-03-2009, 08:28 PM
Gryphon Gryphon is offline
Registered User
 
Join Date: Oct 2005
Location: CA Sacramento
Posts: 4,325
Thanks: 0
Thanked 1,033 Times in 742 Posts
Default

You could send the attorney a registered or certified letter. It would be best if this came from the client, since teh lawyer doesn't have to be responsive to you. The client can mail the letter to you, and you can then forward it certified or registered. No reply, and teh next letter can go registred or certified to the State bar, copy to the lawyer, enclose the last letter he didn't reply to. Ask teh State bar to help encourage teh lawyer to contact you.
that'll almost always fix the communication problem.

I can't answer your question about fee returns, but most state bars have fee mediation services available. Many states (maybe all states) don't allow attorneys to keep unearned fees even it is a "retainer" except under very narrow circumstances involving exclusivity agreements.

I also can't answer whether you ought to hire a different lawyer. In part teh answer depend son whether your crystal ball says this lawyer will get the job done. In part it depends on whehter there's any trust left if you believe the lawyer lied to the defenndat (whether or not the lawyer actually lied.) In part it depends on your states statutory timelines to get such a request on file, and how long a different lawyer would take to prepare it.

Quote:
Originally Posted by supermommy31 View Post
Hi I'm new to this so hopefully I did this right...
I live in Texas and my husband was sentenced in Ohio they gave him 14 months. His lawyer said that he wasn't going to do time that he would probably just get probation but of course that wasn't the case. Then the lawyer changed his story once he was sentanced and said not to worry that he was going to file his judicial realease and would be out in less that two months. That time has passed and according to him he already filed the papers. I called to the court that same day he "turned them in" and they said they had no record of it. I waited a couple of days thinking that it might take time to get processed and still had the same response from the court. I then called to the court and asked them if it took time and they told me that if he turned it in that that same day it should come out in the system so i called him back and let him know. He first said that it takes time and i told him that they told me it didnt so he told me that he didnt know what was going on because he turned it in. Now for some strange reason I can't get a hold of him. I keep calling him and leaving him messages and he just wont return my call. It's really hard cause i live far away and its not like i can just go give him a visit. What should I do?? Can I file for it?? Can i get my money back?? Should i get another lawyer??
Please Help
Reply With Quote
  #237  
Old 11-09-2009, 06:05 PM
only1love's Avatar
only1love only1love is offline
Registered User
 

Join Date: Apr 2008
Location: USA
Posts: 1,989
Thanks: 1,018
Thanked 1,118 Times in 689 Posts
Default

Quote:
Originally Posted by MrsMorales View Post
my fiance is currently located at nccf and is waiting on his pre trial to see what they will sentence him to, he had 2 dui's, and a felony charge that he picked up last year. this year he picked up his 3rd dui. the judge is trying to get him on a violation of probation, but i thought that it had to be the same kind of crime in order to violate. his P.O. wrote a letter stating not to violate him, but the judge is still trying to give him 3 years. we hired an attorney and after the first court date he hasn't done anything but bad mouth my fiance. he called him a psychopath because he didn't want to sign off on the 3 years, and he also called someone who was a family friend and a previous client and told them about his case. he then had the nerve to say that he deserves to be in jail and with that attitude no wonder he's where he's at. he left all of these on my sister in laws voice mail and when she called him back regarding those he told her to delete them all and that he never said that. he also said that he dismissed himself off the case because we never paid him for the case if it went to trial and that was going to be an additional charge, unfortunately my mother in law cannot find the contract she signed and when she called to ask for it, he won't give her a copy. we are lost and don't know what to do anymore...please help...
Wow does this ever sound familiar! I honestly feel for you guys. I had phone messages, e-mails, text messages! OMG!! It was just awful. I did not delete any of them!
__________________

Last edited by only1love; 11-09-2009 at 06:07 PM..
Reply With Quote
  #238  
Old 11-15-2009, 02:38 PM
Fatima08's Avatar
Fatima08 Fatima08 is offline
Registered User
 

Join Date: Dec 2008
Location: North Carolina
Posts: 30
Thanks: 3
Thanked 2 Times in 2 Posts
Default

Quote:
Originally Posted by ThaNumbaOneStunna View Post
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

Are you still offering your services and does it matter what state the inmate is located?
Reply With Quote
  #239  
Old 11-16-2009, 02:04 PM
Gryphon Gryphon is offline
Registered User
 
Join Date: Oct 2005
Location: CA Sacramento
Posts: 4,325
Thanks: 0
Thanked 1,033 Times in 742 Posts
Default

That person hasn't posted in years. The thread lives on, though.

Quote:
Originally Posted by Fatima08 View Post
Are you still offering your services and does it matter what state the inmate is located?
Reply With Quote
  #240  
Old 11-19-2009, 09:38 AM
thepointman thepointman is offline
Registered User
 

Join Date: Nov 2009
Location: Houston, Texas, U.S.
Posts: 1
Thanks: 0
Thanked 0 Times in 0 Posts
Default Pro Se Suit vs. TDC Re Hurricane Ike

I have a step-son who has filed a pro se suit against the Texas Dep't. of Corrections for failure to evacuate prisoners from Beaumont which was under mandatory evacuation orders during Hurricane Ike.

Can you provide contact information for anybody who may provide pro bono legal aid?

Quote:
Originally Posted by ThaNumbaOneStunna View Post
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
Reply With Quote
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 08:19 PM.
Copyright © 2001- 2009 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics