Just one more word concerning the private attorney, whom was hired by the parolee, myself and two other persons, she's basically done nothing. At first, she said it was because she didn't want to "tip her hand" to the prosecutor on what she was trying to do-and wanted to wait until the day of the arraignment. But, nothing happened that day and then she said the prosecutor told her (on an aside) that he'd probably drop the charges if she got something from the parish jail stating how long he'd been incarcerated. On Aug. 19--after having been engaged for four months--she'd still not gotten the needed information and it was only after we got it ourselves and faxed it to her that she did anything. And, then we found out last week (Aug. 28) that the prosecutor, in consultation with the local D.A., had decided to not drop the charges.
I'm also convinced the judge assigned to the case and the local D.A. will do everything in their power to make sure he is returned to the state system to finish out his time. To me, this is a prejudicial bias on the judge's part and he should recuse himself.
So, as you can see, this is a difficult case to be sure. But, as a pastor, who meets weekly with this prisoner, I believe there's been a miscarriage of justice and he should be given "time served" for the 14+ months he served instead of being returned to an already overcrowded prison system.
Thanks again for your input on this.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).