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  #51  
Old 11-05-2012, 10:55 PM
gj07 gj07 is offline
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When a Defendant comes directly from the jail to sentencing, I've known a few judges who've refused to allow the Defendant to change under the theory that the judge knows he's guilty (he's at sentencing, after all) and isn't prejudiced by a jail jumpsuit because he's seen the Defendant in a jail jumpsuit before. I dislike that as I prefer the judge to see the human in front of him (it's invariably an older, male judge) and not just another inmate. So far, I haven't had the chance to challenge that at the appellate level.
Yourself, thanks for the info. I really feel this is an injustice to not allow the person to dress in civilian clothes. After all if he could afford to be out on bail, he could dress as he chooses, so this to me just seems to be a case where money plays into our justice system. The person that can afford to bail out has the chance to wear civilian clothes which we know does give the appearance of less guilt than a person in jail clothes.

If it doesn't impress the judge any on how the prisoner is dressed (which I seriously doubt), it does play into how the news people and those watching are impressed.

Hope someday this can be changed so they will all be treated equal when appearing in court. Hope you have a chance to challenge this some day.
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  #52  
Old 11-26-2012, 01:28 AM
MrsLaurent1 MrsLaurent1 is offline
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Hey to all, my boyfriend is going to get sentenced on the 27th of November(tues) and he wants me to say something to the judge. ive already written a letter and i dont know what else i can say, yeah i know speak from the heart but i think that the judge wont want to hear that..i was going to add that we have our first baby due in December...any other hints? oh and i want to dress nice but all i can really fit into is yoga pants and some stretchy v neck shirts...flats are out of the question. i can barley fit my feet into flip flops..help? :/
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  #53  
Old 11-26-2012, 10:08 AM
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My guess is that when the judge sees what you have gone through to even be there, regardless of what you are wearing, that will be what your bf and his lawyer want to convey to the judge. Hopefully your family's new baby and the upcoming extra requirements for both of you will make a difference in the sentence.

Ask the lawyer what you should say, but try not to repeat what you already included in the letter unless the attorney tells you to do that.
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  #54  
Old 01-31-2013, 03:45 PM
lamogwai lamogwai is offline
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You should always be ready to be taken in any time, kind of like having an earthquake kit packed, in case you don't get the privilege of self-surrendering upon conviction. I have seen too many people snatched away unprepared.

Preparing to Self Surrender to Federal Prison: a Guide for Potential Inmates

This document should help you as you prepare to self-surrender to federal prison. If you are a defendant in a federal trial, take heed of this advice well before jury deliberation, because you may be remanded to custody and not have the option to self-surrender upon conviction.

Your attorney should request self-surrender privilege at sentencing. This way, you will be notified of your designated prison in advance and can make some preparations. Otherwise, you will be subjected to the Bureau of Prison’s unique form of Diesel Therapy, in which you are shuttled by U.S. Marshalls from holding facility to holding facility across the country until you arrive at your designated prison.
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  #55  
Old 02-23-2013, 08:23 PM
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the most important thing at sentencing is dress and ATTITUDE. that's right, and here's why:

why you are there in the first place is because you are guilty of some crime. judges are the gate-keepers of society. they decide who gets to participate depending on several factors.

judges sentence based on two things: whether they are mad at you, or whether they are afraid of you.

you need to adopt the attitude at sentencing that you are REMORSEFUL. that's all that matters. you need to address the judge as either "your honor" or "judge". that's it. merely grunting "yeah" and "ok" are taken as disrespect.

judges and prosecutors want (and need) to see you grovel, and that's exactly what you need to do. they need to see that you are, in fact, truly sorry for what you've done (or what you pled to).

a word of warning: making remarks such as "he snitched on me" or other utterances of pointing blame toward others is going to be met with anger, frustration, and a maximum sentence. remember: grovel. your freedom is on the line.
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  #56  
Old 05-17-2013, 03:25 PM
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I always thought the idea of being forced to go to Court in a jail uniform (strips here) and barefoot/flip flops, unshaved (since you may or may not get a single blade cheap razor for 10 minutes) and without a hair cut, just made you look guilty in front of a jury.
Where I was at, they could bring in a suit, but you had to be recuffed for Trial only. If on bond, you wore what you wanted.
But I noticed something. Everyone who was in and out of jail, all had their hair buzz cut. Since they got clippers and it was easy to keep clean, or whatever reason they had. So I refused to keep my military crew cut once this started. It might look shaggy now, but in a month or so it will be long enough to do something with. I want to look like a guy on the street, not like every other person who comes in over and over again.
I did learn, if you go to county, to leave everything at home if you can. I did wear my dog tags, and the guard who processed me asked about them, and did get a little less gruff when he learned he was dealing with a military person.
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  #57  
Old 05-17-2013, 05:36 PM
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The rules of what the defendant can wear in court are court specific. OJ had to file a motion to remove the handcuff on his right hand, shackled to a bolt on the table, so he could take notes. The left hand remains chained.

Would that influence a jury, of course it would, that's exactly why they do it. The last level playing field he, or anyone else, saw was before the government got involved.
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  #58  
Old 10-06-2013, 06:03 PM
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[quote=Marcheville;2658122]Just a heads up - I finally got sentenced today on a plea agreement. My team of attorneys managed to convince the judge to sentence me to less than 50% of the time the prosecutor wanted and suggested on the plea agreement and and all the time is in county (no state prison). I even got a stay of execution (unheard of in my state) for 6 weeks to finish up some personal, financial business before I need to report.

Moral of the story - if you can afford it (and even if you can't) a team of high caliber attorneys will save you a lot of time (in my case, at least 50%, not including whatever I will get off for good behavior...etc.). I have told many folks here, do not go with a PD. In the 18 months it took to dispose of my case (my sentence is less than a year, FYI) I have seen WAY too many people get f*cked sideways by PD's who spent a total of 5 minutes reviewing the docket and pleading people out. I have yet to see a PD actually try a single case in District or Superior Court. I would represent myself before I would let a PD EVER touch a case I was involved in.

In almost every case I have seen, the PD just caved and suggested the "client" take whatever deal, "as is", the prosecutor was offering.

My team beat the prosecutor down to 22 months in county from 36 months in state prison and then b*tch slapped the dude in front of the judge, sandbagging him and I got hooked with 11 months. This makes me "eligible" to be let out in 6 months!!!

You guys, you need to get the best attorneys you can. Find an expert with a track record in your "area" of offense. And make them drag it out. Eventually, the prosecutor will be somewhat amenable to lightening the deal. And again, just because you sign a deal doesn't mean the judge has to sentence you to what you agreed to. The judge can (and did in my case) sentence you to less. A lot less

Do not settle for a PD. Especially on anything serious that could land you in state/federal prison or more than a year or two.

I also got ZERO probation afterwards (unless I am let out early) and the fine was a lot less than I expected. In fact, the money I saved with what I could have gotten for the fine paid for about 1/2 my attorneys costs.

I did it. You can do it too!


That sounds all well and good, but you are forgetting why people HAVE to use a PD - NO MONEY! I can't believe you fail to see that. I have found people with this type of ignorance typically have large sums of money to ante up right away and think that anyone should be able to do that. I went to see a 'high powered' attorney and he wanted $$$ upfront and wouldn't even allow me to speak! Such arrogance. Yes, you are right that he probably would be more effective in such matters, but he ushered me out the door saying "when you have come into a large amount of cash, look me back up!" Can you believe? What benefits this sick game society plays out isn't meant for fairness with those of us who are the most vulnerable.
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  #59  
Old 01-13-2014, 06:18 PM
clueless6258 clueless6258 is offline
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In Monmouth County NJ.
I am totally clueless of what I am really agreeing to.
I am charged with 2nd degree theft in NJ. I had a prior for which I successfully completed PTI in NJ. Even though the evidence if weak, it is there. The charge could be dropped to 3rd degree if the prosecutor would consider what I say, but he won't. The prosecutor wants me in jail!

I got a pre-indictment offer of 5 years flat in state prison with no minimum sentence before release. My lawyer said it is the best I'll get and I can get out in 3-4 months with ISP. I am concerned because the prosecutor can block that and so can the victims. So it was to go to grand jury tomorrow and my lawyer called him 3 days ago saying I would accept. the prosecutor went to grand jury anyway, so now, I have little time to really explore other lawyers or consider what this means. I have to plead before the indictment is handed down.
Am I getting snow balled into a much long sentence than the 3-4 months my lawyer says it will take to get me into ISP?
Is it still possible to get county jail if ISP is applied for at the time of sentencing or if I reiterate to the pre-sentencing interviewer that I want to be out so I can work and repay the victims?
On a 5 year flat with no minimum when would be eligible for parole if ISp donesn't work? My lawyer says 1 year 12 days.
Is he totally full of it and am I in need of another lawyer?

Thoughts please!

Also, how do I prepare for prison? These may sound silly but..
Most everyone I know only has cell phones. Can I call them from prison?
Can I bring cash to put into my account?
Can I bring and keep with me warm turtle-necks?
Can I bring with me a list of contacts addresses and phone numbers? How about paper and stamps?
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  #60  
Old 05-24-2014, 11:01 PM
frogpond1 frogpond1 is offline
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All so much to take in.... Lol, my moustache and goatee is always extremely well kept but I guess it will have to go temporarily.

I'm afraid about the mumbling part because I know I'm going to be emotional mess.

And yes not all attorneys are good according to money paid. I've called quite a few and the standard rate is 10k for felony charges. But some were arrogant, non chalant, almost a-holes and I found a few that were half the cost and seemed much more willing to work with me.

Yes not all PD's are bad in fact most are good. The problem is they are way overworked on a base salary and would rather move things along quickly.

I think even paying for a 5k attorney you'll get better results than with a PD. I will see in my case...
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  #61  
Old 05-25-2014, 09:18 AM
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Hair, including facial hair, is prison/jail specific. In some, everyone is treated like a boot camp recruit, and immediately have all of their hair removed. Other systems allow anything, like the federal system does. My prison disguise was a full beard and short hair, which insured that not even my parents would recognize me.
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  #62  
Old 05-26-2014, 07:50 PM
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Quote:
Originally Posted by frogpond1 View Post
All so much to take in.... Lol, my moustache and goatee is always extremely well kept but I guess it will have to go temporarily.

I'm afraid about the mumbling part because I know I'm going to be emotional mess.

And yes not all attorneys are good according to money paid. I've called quite a few and the standard rate is 10k for felony charges. But some were arrogant, non chalant, almost a-holes and I found a few that were half the cost and seemed much more willing to work with me.

Yes not all PD's are bad in fact most are good. The problem is they are way overworked on a base salary and would rather move things along quickly.

I think even paying for a 5k attorney you'll get better results than with a PD. I will see in my case...
Talk with your attorney re goatee - in the NE, it's much more common for young professionals to wear a goat, and a well groomed goat may not be viewed the same way as it would be in say Chicago or LA. You'll want to talk with your attorney about specifics.

Be well groomed. It shows respect for the court, and respect for yourself, and respect for what's going on. It takes a moment to make a good impression, and it can take a lifetime to undo a bad impression.
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  #63  
Old 12-17-2014, 10:32 PM
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Quote:
Originally Posted by Marcheville View Post
Just a heads up - I finally got sentenced today on a plea agreement. My team of attorneys managed to convince the judge to sentence me to less than 50% of the time the prosecutor wanted and suggested on the plea agreement and and all the time is in county (no state prison). I even got a stay of execution (unheard of in my state) for 6 weeks to finish up some personal, financial business before I need to report.

Moral of the story - if you can afford it (and even if you can't) a team of high caliber attorneys will save you a lot of time (in my case, at least 50%, not including whatever I will get off for good behavior...etc.). I have told many folks here, do not go with a PD. In the 18 months it took to dispose of my case (my sentence is less than a year, FYI) I have seen WAY too many people get f*cked sideways by PD's who spent a total of 5 minutes reviewing the docket and pleading people out. I have yet to see a PD actually try a single case in District or Superior Court. I would represent myself before I would let a PD EVER touch a case I was involved in.

In almost every case I have seen, the PD just caved and suggested the "client" take whatever deal, "as is", the prosecutor was offering.

My team beat the prosecutor down to 22 months in county from 36 months in state prison and then b*tch slapped the dude in front of the judge, sandbagging him and I got hooked with 11 months. This makes me "eligible" to be let out in 6 months!!!

You guys, you need to get the best attorneys you can. Find an expert with a track record in your "area" of offense. And make them drag it out. Eventually, the prosecutor will be somewhat amenable to lightening the deal. And again, just because you sign a deal doesn't mean the judge has to sentence you to what you agreed to. The judge can (and did in my case) sentence you to less. A lot less

Do not settle for a PD. Especially on anything serious that could land you in state/federal prison or more than a year or two.

I also got ZERO probation afterwards (unless I am let out early) and the fine was a lot less than I expected. In fact, the money I saved with what I could have gotten for the fine paid for about 1/2 my attorneys costs.

I did it. You can do it too!


March
yes but not everyone can afford an lawyer , i had to settle for a PD who came with high credentials i guess due to word if mouth , but great story and better ending ...im looking at 15-21 months fed time myself
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Old 09-17-2015, 07:59 PM
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I'm being sentenced in a week and my lawyer has asked that I write a letter to read in court or turn into the judge beforehand.
I am struggling in this area. Anyone have any tips?
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Old 09-18-2015, 08:46 AM
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Ask your lawyer for details of what to include, and definitely what to avoid putting in your letter. You may get some ideas in the "sample letters to the parole board" sticky.
http://www.prisontalk.com/forums/sho...d.php?t=658065
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Old 08-05-2016, 08:37 AM
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Thank you for this helpful post.
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  #67  
Old 08-06-2016, 05:05 PM
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Thank you for this helpful post.
hey, remember, parole letters are very different from character letters pre-sentencing. There is some overlap, but their function is different, so their content is different. Over in Legal, I've written about the character letter on a number of occasions. Now would be a good time to coordinate letters on a "hope for the best but prepare for the worst" basis.

Remember, some aspects of the character letter cannot be addressed before a conviction - you can't talk about a person's remorse or attempt to remedy the problems that led to the crime at this point. Doing so may flag you as somebody who's a potential witness for the prosecution to support admissions against interest (admissions of guilt). You've got around a month after a finding of guilt before sentencing (unless the sentence is automatic). That is the time to really address those issues. Now is the time to line up people from all walks of the defendant's life who are willing to write character letters addressed to the judge but given to the defense attorney after conviction. Coordinating this can be a real help should those letters become necessary.
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