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Federal General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to the Federal Prison & the Criminal Justice System that do not fit into any other Federal sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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Old 01-11-2019, 11:02 AM
Girl22472 Girl22472 is online now
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Default Scheduled Sentencing

My husband is scheduled to be sentenced on Feb. 12th. He called the attorney today to confirm the time and date but we haven't heard from him in a bit. He's out of the office today so it'll probably be Monday before we hear back from him.

We met for the PSR the end of October but aside from speaking to the attorney when my husband was in the hospital in December we haven't heard anything...from anyone. I've heard that the PSR writer should have come to our home and he has not.When I talked last to the attorney I told him I had some medical records that the guy writing it has asked to see if I could find, which I finally did.

Does anyone know if the shutdown or even the First Steps has possibly caused a delay in federal courts? I just feel like with it being Jan 11th already and sentencing scheduled for just a month from now that it's going to be delayed and wondered if it could be because of either of these things. We should have heard (home visit) from the regular PO this week and that didn't happen either which is odd.
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Old 01-11-2019, 03:54 PM
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The courts shouldn't be impacted by the government shutdown. Prosecutors and law enforcement, including US Probation, are forced to work even during the period when they aren't being paid. Judge's pay can never be reduced, or delayed.

My sentencing was postponed twice with no explanation except that the judge had continued (delayed) the hearings.
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Old 01-11-2019, 06:05 PM
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Couldn't it be that some of the POs are furloughed and/or considered non-essential employees so they aren't working? I know COs are considered essential so they are working but maybe in this case they aren't. Or perhaps, only working on certain cases. That would certainly make sense. Cant' blame them, they aren't getting paid and most of them aren't motivated to do their jobs in the first place.

The COs have got to be disgruntled as I know when I visited my husband over Christmas they were ticked then about not getting paid and now we're 3 weeks later. Of course, while I do feel their pain, it would be nice if it gave them some empathy for what prisoners families are going through when the breadwinner is not able to work because they're in prison (yes, often by their own choice, as opposed to the President) and/or when Prisoners are working for pennies an hour. Oh, didn't think about that fact that the federal prisoners are also not getting paid and working for free. Lol. Of course in their case, no doubt they'll never get paid I'm sure! I guess we can kiss that $20/month goodbye, but some of those prisoners that is the only money they have coming in as well. So god knows what will happen with some of them! Terrible.

This needs to get settled.
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Old 01-13-2019, 12:11 PM
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Hi..I am scheduled to self surrender Feb 4. I received a phone call from PO two weeks ago providing that information and my actual letter came yesterday. Hope that helps!
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Old 01-13-2019, 02:24 PM
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First, it has been reported on the news that the Federal Courthouses are closed due to Trump's decision. That isn't what is causing the problem in the PSR progress.

If you got to the official court web site, it will have the local rules. The amount of time that the PO has to deliver the first draft to the lawyers, and the day the final should be submitted should be on the site (assuming it hasn't shut down.) If you are in the same region as the case, there is no reason that the home visit hasn't been done. The local rules will also give the last date the defense can submit material to the court before sentencing.

The PSR is important for many reasons. The Sentencing Guideline range and the rationale for it needs to be reviewed and objections made if appropriate. The final PSR is the source of all information for prison officials. Definitely make sure the PSR writer gets all relevant medical info. to include in the PSR.

Not sure why your lawyer is taking a passive role in this process. Of course, they may have done work your husband doesn't know about.
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Old 01-13-2019, 02:32 PM
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Quote:
Originally Posted by fbopnomore View Post
The courts shouldn't be impacted by the government shutdown. Prosecutors and law enforcement, including US Probation, are forced to work even during the period when they aren't being paid. Judge's pay can never be reduced, or delayed.

My sentencing was postponed twice with no explanation except that the judge had continued (delayed) the hearings.
My friend is a lawyer for the Federal Government has told me that cases are going forward, just not civil cases where the US is a party.
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Old 01-13-2019, 06:48 PM
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Quote:
Originally Posted by bellisq View Post
First, it has been reported on the news that the Federal Courthouses are closed due to Trump's decision. That isn't what is causing the problem in the PSR progress.

If you got to the official court web site, it will have the local rules. The amount of time that the PO has to deliver the first draft to the lawyers, and the day the final should be submitted should be on the site (assuming it hasn't shut down.) If you are in the same region as the case, there is no reason that the home visit hasn't been done. The local rules will also give the last date the defense can submit material to the court before sentencing.

The PSR is important for many reasons. The Sentencing Guideline range and the rationale for it needs to be reviewed and objections made if appropriate. The final PSR is the source of all information for prison officials. Definitely make sure the PSR writer gets all relevant medical info. to include in the PSR.

Not sure why your lawyer is taking a passive role in this process. Of course, they may have done work your husband doesn't know about.
When he signed the plea the lawyer went through the "so and so has X amount of days.... then it goes to... and they have X amount of days" thing. The lawyer said when it got to him we'd go over it and what his post sentence restrictions will be. Off the top of my head he signed the plea on Oct. 26th.... we both met with the PSR writer exactly 2 weeks later. I spoke to the attorney the end of November when my husband was in the hospital and told him about that and about the fact that I had found some medical records that the PSR writer had asked if I could find if he couldn't get them. At the time the attorney was sick with the bug that was going around at the time and said we'd touch base after husband was released from the hospital. I sent him an email when he was released.

I made husband call the attorney's office on Friday and he left a message with the secretary as the attorney was out of the office that day so hopefully we'll get a call tomorrow. We live within about 5 or 6 miles of the federal courthouse where the PO's are located so location shouldn't be a problem although I don't recall him mentioning making a visit.

I totally agree that this is the most important part of all of this hence I don't want this rushed through. At this point if the attorney doesn't already believe that it will be continued I think I'm going to have him ask for one. We don't have letters written... the PSR doesn't have the medical records I have... they haven't come to our home... or called anyone that I know of at this point. There is no way that everything can be completely done and accurate before Feb. 12th at this point.
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Old 01-13-2019, 11:57 PM
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There is definitely time to finish the PSR, but if the PO is on furlough, it will not happen. The lawyer seems to have dropped the ball, because he should have kept an eye out to make sure everything is on schedule. As I suggested, look at the local rules to give you an idea of the framework set out by the court.
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Old 01-14-2019, 03:49 AM
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If the lawyer tells you he has/will file an objection to portions of the PSI, you may be able to confirm that through pacer.gov. Mine lied, and I was the one who had to deal with the embellished, nasty results. At that point, it does no good to complain.
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Old 01-14-2019, 06:42 PM
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At the sentencing hearing my lawyer said "I will argue portions of the presentence report", the judge said "no you won't" and the PO who wrote it smiled. That was the only time when he wasn't glaring at me as if I was public enemy number one, making sure the judge knew that he disliked me.
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Old 01-14-2019, 06:51 PM
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Quote:
Originally Posted by fbopnomore View Post
At the sentencing hearing my lawyer said "I will argue portions of the presentence report", the judge said "no you won't" and the PO who wrote it smiled. That was the only time when he wasn't glaring at me as if I was public enemy number one, making sure the judge knew that he disliked me.
OMG... that's horrible!!
I did go to Pacer today but found out very little other than the sentencing is scheduled for the 12th (that was set in November).

I also read up on Rule 32. If they are talking "business days" we're WAY under. If they are talking actual days to get it to the lawyer and/or husband it's at the wire now. It said at least 35 days prior to him and the DA ... and it has to be to the judge within 14 days prior to sentencing.
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Old 01-16-2019, 09:24 PM
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My husband’s sentencing is Jan 30. We had home visit end of Nov, and PSR was completed mid Dec. Now we just wait.
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Old 01-17-2019, 07:24 AM
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We still haven't heard back from the lawyer so I told husband he needs to call back today. I have Credit Karma for us both and on the devise that has his I got an alert yesterday that Federal probation checked his credit. If I apply for a credit card it is almost automatic in telling it is checked so I can only assume that it was done yesterday since I read on that devise every night.

That indicates to me that probation still has it which means we ARE under the 35 days and it's not done.

I feel like through this whole process his case has become an after thought to the government. First there was the 18 months between the search warrant and arrest and now this. Ugh!
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Old 01-17-2019, 11:55 AM
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The PO showed up today with another PO in tow and let us know his case is being handed off to her now. I'm sure it'll be a bit before we know how she is with things but I did search her and she's a "senior" PO and "specialist officer" so I'm hoping she's more knowledgeable about this particular sort of crime as well as other things than the last one. He has to go see the "old" one tomorrow because they need to tighten his bracelet even though it seems a bit crazy that when doing home visits they don't carry the equipment with them but oh well.

I did inquire about the PSR but the PO said she hadn't spoken to the writer about the case. She did indicate since it looks like they just checked his credit that probation still has it which means there's no way it'll all be done for sentencing on the 12th of February. The new PO indicated (as I knew already) that it's not uncommon to have sentencing delayed even a few times before it actually happens. I was just trying to get a handle on how things look at this point.

The "old" PO always gets a bit snippy with me when I ask legal questions. I do have a legal background and have the ability to find things all on my own although admittedly I also come here, which I mistakenly admitted to her once. Although what I mentioned today did not come from here...lol I mentioned that the PSR was to be given to the attorney within 35 days of sentencing and to the judge within 14 days, hence my reluctance in believing this will go through this time. I asked if that was business or actual days (not that it matters either way at this point). She asked me, with a tone, where I got that information. I let her know that Rule 32 of the federal code gives those guideline/rules.
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Old 01-17-2019, 02:13 PM
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Unfortunately POs change regularly. Sometimes that is a good thing, but definitely not always. The problem is he will be stuck with whoever is assigned, for as long as they are. The good thing is that the pretrial folks are done at sentencing

My experience, which has nothing to do with yours, was the "specialists" were much worse, so I hope you don't have the same experiences. When the two POs left my house after their "home inspection visit", my wife was in tears. Happily the "specialist" retired before I was released, so very little of what she threatened actually happened.

Pretrial/presentencing is totally different from supervised release (innocent until proven guilty is a really awful joke, especially with the feds) and I found SR to be better, but still a huge PITA. Knowing that it would end is what kept me somewhat sane.
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Old 01-17-2019, 07:50 PM
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From my perspective, nothing good can come from a spouse asking legal questions of government officials. I don't think it's a good idea for the defendant to ask questions either. That's what the defense attorney is for. In general, I like POs. But I've seen crazy stuff from officers biases, you never know how things are going to play out. I've also seen great things where an officer and defendant bond over things like a sick child, or parent with Parkinson's. A spouse has no official role in the process, and taking the risk of hitting one of those biases to obtain information that can come from the attorney isn't a great idea.
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Old Yesterday, 11:26 AM
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Scratch everything about the new PO..lol. Hubby had to go up this morning to get his bracelet tightened and when we went in the building one of the guys asked who his PO was. He mentioned the "old" girl's name, who he was meeting anyway today, but said he's got a new one, he just couldn't remember her name yet. The guy at security said something to the other one that the "old" girl told him she had "withdrew her transfer" and was staying and teased hubby that it was all because of him. As soon as he got back there she told him she was staying so she was remaining his PO.

At least we know what she wants and allows and we've done it this long.
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Old Yesterday, 03:17 PM
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“From my perspective, nothing good can come from a spouse asking legal questions of government officials.”

I cannot stress enough how much I agree with this. This is 100% between the person going to prison and the PO. Anyone else, in my opinion, needs to stay out of it.
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