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  #1  
Old 04-18-2018, 09:59 AM
heabritt heabritt is offline
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Default Need info regarding mishandled u.a./Updated

My brother is in a Texas prison. We are from South Dakota and has never been out of South Dakota until his trip to Texas where he was arrested for evasion (running from an officer). He was given 5 yrs. He has been there since October of 2016.
He has been a model prisoner and obtained a job within the prison. Two weeks ago he along with a man due to be released in 3 weeks had failed a u.a. for k2. My brother had not been using k2 and asked to retest. They wouldn't let him retake the u.a.
He went to court with no co counsel (a woman had talked to him last week however he did not know it was his co counsel because all she did was inform him of his court date -she did not identify herself as his co counsel).
With all of this he has lost his job, been charged with the ua, been moved from his dorm, been classified as a g4, no contact visits for a year, is being transferred to a medium facility. The worst thing about all of this is that he is being told that this will effect his parole in December. All he has been trying to do is come home. Why is this happening?
Who do I turn to in order to get his some assistance in appealing this?

Thank You
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  #2  
Old 04-18-2018, 10:54 PM
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dtmom2013 dtmom2013 is offline
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Someone with more background on this will be available with information for you soon.
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  #3  
Old 04-19-2018, 08:09 AM
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Someone with more background on this will be available with information for you soon.
Thank you very much. We sure need all the help we can get with this.
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Old 04-19-2018, 07:41 PM
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Counsel substitutes are known on each unit and the handbook makes relatively clear that is the person who is handling the major cases. If he wants to claim he did not know who that person in free-world clothes was then he is 1) lying or 2) tacitly admitting that he chose to not only not pay attention during the initial orientation that each unit does or he chose not to read the rules and regulations provided to him (or both).

There is no right to re-testing and there is also no right to private testing of the sample. The unit disciplinary will be conducted based on a simple screen that is not sent out for GCMS confirmation. If he has an extra $10-15K laying around AND was eligible for mandatory supervision, then there might be avenues of relief through the habeas courts but that relief will not be had for a few years just because of the time it takes to process a case from procuring counsel to the writ being filed to the Court of Criminal Appeals acting upon the writ.
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Old 04-20-2018, 08:37 AM
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Originally Posted by CenTexLyn View Post
Counsel substitutes are known on each unit and the handbook makes relatively clear that is the person who is handling the major cases. If he wants to claim he did not know who that person in free-world clothes was then he is 1) lying or 2) tacitly admitting that he chose to not only not pay attention during the initial orientation that each unit does or he chose not to read the rules and regulations provided to him (or both).

There is no right to re-testing and there is also no right to private testing of the sample. The unit disciplinary will be conducted based on a simple screen that is not sent out for GCMS confirmation. If he has an extra $10-15K laying around AND was eligible for mandatory supervision, then there might be avenues of relief through the habeas courts but that relief will not be had for a few years just because of the time it takes to process a case from procuring counsel to the writ being filed to the Court of Criminal Appeals acting upon the writ.
Thank you for information however he is not lying when it comes to the co counsel situation. Is he supposed to automatically be accustomed to a texas prison? He does not who all people 'walking around in free-world clothes are. And he did not tactically admit that he chose not to pay attention. The bottom line here is the fact that he had all of his witness statements and his boss' statements ready to present to his co counsel. The person who spoke to him briefly did not identify herself as co counsel as I explained in my thread. She only gave him a court date. They pushed this through their prison court within a couple of days. I am not here to defend whether or not he lied. I am here looking for information as to what he can do inside the prison to rectify this. We already know about an attorney and will hire one if it has to come to this but I was hoping there was something more we could do from within. As of now with the information given it looks as if we will hire the attorney to help us. Your 10-15k was a little high. We were quoted quite a bit less by two different attorneys.
I appreciate your reply but wasn't looking for people to be accusing him of lying and etc. He is new to texas, much less this crooked system that they have and of course is naive about many things.
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Old 04-20-2018, 09:31 AM
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Unfortunately there are very few ways to fight internal disciplinary. In Texas or anywhere else. Your brother isn't quite new having been there a year and a half. I'm not saying that he's innocent or guilty, but guys in prison know what's up. Trust me, I understand the feeling of need to help a loved one in prison...but there's often far more to the story than what we're told by the inmate. The system IS corrupt and there are many mistakes made...but after over a year your brother should have settled in and become accustom to how things are done.

Your brother is the one who needs to be making a paper trail of appeals and complaints. You aren't an attorney and there's nothing you personally can do about it. Of course, you can hire an attorney, but they will not be able to do anything for quite some time...possibly even longer than it would take for him to be granted parole anyway.

CenTexLyn was sharing their experience over a career in Texas legal system. You'll find many different opinions here. Best advice is to take what is useful and helpful and ignore the rest.
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Old 04-20-2018, 10:09 AM
heabritt heabritt is offline
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Quote:
Originally Posted by Fridyrr.Likn View Post
Unfortunately there are very few ways to fight internal disciplinary. In Texas or anywhere else. Your brother isn't quite new having been there a year and a half. I'm not saying that he's innocent or guilty, but guys in prison know what's up. Trust me, I understand the feeling of need to help a loved one in prison...but there's often far more to the story than what we're told by the inmate. The system IS corrupt and there are many mistakes made...but after over a year your brother should have settled in and become accustom to how things are done.

Your brother is the one who needs to be making a paper trail of appeals and complaints. You aren't an attorney and there's nothing you personally can do about it. Of course, you can hire an attorney, but they will not be able to do anything for quite some time...possibly even longer than it would take for him to be granted parole anyway.

CenTexLyn was sharing their experience over a career in Texas legal system. You'll find many different opinions here. Best advice is to take what is useful and helpful and ignore the rest.
Thank you however I have received what information I do need now. There is a place that advocates for people in the same situation as my brother )who IS new to the system). October 2016 isn't that very long considering the fact that he has been from prison to prison during this time. But this isn't the point. I am also well aware of the fact that I am not an attorney but this doesn't stop me from gathering information. One last note...I know my brother, I know what he does and doesn't do, he is not a drug user and would never do k2! He is not telling me what I want to hear. Just because he is in a prison doesn't mean he isn't honest with family. This is a very odd situation in which he should never have even crossed into a texan border.

I do have someone who is helping me advocate and has given me a great deal of information over the last hour.

Forgive me for being inpatient with your answers however I am not expecting to hear that I am being lied to and blah blah blah. I only wanted information on what he can do from the inside to help. I now know (thanks to the advocate who is helping me) that he can take several steps on the inside before I have to hire an attorney. He truly did not know these steps were available or he would have taken these steps!

Again, thank you - however I found someone who gave me viable information.
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Old 12-14-2018, 03:41 PM
heabritt heabritt is offline
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Default Case overturned!

Several months back I reached out on this forum due to the fact that my brother had been snagged on a dirty ua charge for K2. I knew he was telling the truth however we are from South Dakota and I felt there wasn't much I could do for him.
Long story short...not one person on this forum believed him. The ones who commented back to me stated that he would end up taking the charge and so on and so forth.
I was not directed to any resources or given any advice.
At this point I started contacting places within the DOC who then turned me over to Ombudsman. They couldn't help. I eventually ended up writing letters to several departments in the state of Texas.
Good news, they found that the case was illegal due to several reasons and it was overturned!
Anyone else going through the same thing...please listen to your heart. Had I listened to the people on here who commented I would have given up.
Don't give up!
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