How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Michelle Your Own Question

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
3273316
Type Your Criminal Law Question Here...
Michelle is online now
A new question is answered every 9 seconds

My father is incarceratd in a NY state facility. He was ...

Resolved Question:

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?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

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 6 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.
Expert:  Michelle replied 6 years ago.

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 6 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?
Expert:  Michelle replied 6 years ago.

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 6 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?
Expert:  Michelle replied 6 years ago.

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 6 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?
Expert:  Michelle replied 6 years ago.

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.

 

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
Michelle and 4 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.