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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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My father is incarceratd in a NY state facility. He was ...

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My father is incarceratd in a NY state facility. He was convicted on five counts of grand larceny and scheme to defraud. He was out on bail but had no legal rep and was put into jail after being told to resubmit papers to obtain legal counsel but did not meet deadline. He is 67, blind, first offense, sentenced to 20 - 57 years. Motion to appeal is granted. It has been over 1 year and no transcripts from court reporter, so therefore no appeal in place. Trial was four days. Reporter is not responding to attorney''s requests. Is there some law about time to produce transcripts?

Dear Customer

Way back when, I used to type legal transcripts for exceptions and appeals - and no, there are no laws governing when the transcript needs to be complete - some transcribers will only seek a deposit for the work until complete and others want payment in full before turning it over; additionally, due to the nature of the work, as you can imagine, there is usually a large backlog and/or waiting list.

As long as the appeal was filed in a timely matter and is on record it is preserved. However, I understand your concerns due to the health of your Dad.

I suggest you try and contact the court reporter directly and see what you can do to expedite the work- explain the health situation with you Dad and that might help. And to make sure the request was made and received.

Best of success to you,

 

Customer: replied 9 years ago.
Reply to Michelle's Post: MIchelle,

Thank you for your help. We have tried contacting the court reporter but to no avail. There have been serious issues and concerns with this case due to the fact that the attorney general's office did the prosecuting. Honestly, they could care less about my father or his health. It is discouraging.

Dear Customer

I suggest that you contact via a letter the Parole Board - and see what the requirements would be for a medical parole - your father's case manager can also assist you with that process - of course, there are no guarantees but it beats waiting for a transcript and it could be a way to get your father home.

And when you say you have tried to contact the court reporter - please tell me what tht entailed.

Customer: replied 9 years ago.
Reply to Michelle's Post: HIs court appointed attorney and myself have called the court reporter but she is not returning calls. Right now I have contacted the appellate division with my concern but have gotten no answer.

My father's prison counselor is less than helpful and will not facilitate a medical parole. Is there something I could do?

Dear Customer

Yes. First, I suggest that you write a letter to the court reporter, instead of a phone call. That might get a response. Send it via certified mail with a return receipt.

Next, it is unfortunate that the case manager will not help you. I suggest that you contact the Parole Board and seek an appointment to speak with one of the Commissioners(NNN) NNN-NNNN Many Parole Boards allow family members for appointments to discuss the matters. You also can try a letter to the Governor, but that will probably be sent to the Parole Board.

Is he eligible for parole and do you know when? Is he accumulating good conduct credits and staying free of tickets or infractions - this is imperative if you are going to seek a medical parole.

 

Customer: replied 9 years ago.
He is eligible for parole in 9 years. He is a model prisoner, stays out of trouble, no tickets or infractions.

If I contact the parole board, can't they just tell me his medical needs will be met in prison?

Dear Customer

Well, they can - but sometimes there are compassionate members of a parole commission and they might share some of that compassion. It is going to depend on a lot of things - a good home plan - perhaps they can do a medical to a home detention - if he is model prisioner and there is no victim impact.

It costs the state a lot less to let such a prisioner be on home detention and get medical care outside then it does inside - so when you go to meet with a commissioner, try to present a good home plan for your Dad and perhaps you might want to ask someone good with math to figure the cost of incarceration as compared to the cost of him being at home - yet, still on lock up and not a threat to society.

You should make the call and get the appointment.

 

Customer: replied 9 years ago.
What would a good home plan entail? Are talking about wearing an ankle bracelet, that type of thing? Also, doesn't the state give a certain amount to each prison for inmates with a disabled inmate needing more, getting more for the prison? Would this matter?

Dear Customer

A good home plan is one where there is good family support - where there are no family members who are criminals - as far as the home detention, the ankle braclet and the home must have a phone and it cannot have call waiting. Or you could search for a nursing home type setting - and bring information on a good one that is willing to take your Dad - there are medicals to such facilities. And, no. I do not think that prisons operate like the school systems where they try to have more ADHD kids so they get more federal monies, that kind of thing - the bottomline with the prisons is space and cost. It costs less to have them outside.

 

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