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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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how much time will I get for pissing off a public defender

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how much time will I get for pissing off a public defender for writing her client while I was a corectional officer. However the jail I worked at was not the same place where he was held. I met him there. We had a mental relationship never had sex together or contact.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Hello,

It is not a criminal offense to write to an inmate. I don't know whether your job would frown on a CO communicating with a prisoner in another facility, but it's certainly not an offense that could be prosecuted in and of itself. Depending on what the letters contained, that could make a difference in my answer -- but if it was just social correspondence I don't see a problem here. You can get a lot of people angry at you over the course of a lifetime. It doesn't mean they can all haul you off to jail, even if they practice criminal law.

Without more than this, I don't think you have anything to worry about.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.
Customer: replied 4 years ago.
there was sexual content in the letters but we never had sex.like i told him he was sexy when i saw him in the shower. this mostly what all the letters sound like and i told him a guy he was in jail with was a snitch. this is a federal investigation
Expert:  Zoey_ JD replied 4 years ago.
Hi,

I'm missing something in this picture.

I could see why a prosecutor would be angry at you, if your revealing a snitch to help a friend got in the way of a Federal investigation, but I don't understand why the public defender would be upset with you.

In any case, as she is representing your friend, she can say and do nothing that would put her client at risk. All of that is privileged stuff.

Are you being investigated as a result of the letters?



Customer: replied 4 years ago.
yes i am under investigation now. back in January 2010 3 guys escaped from the jail. My friend left the jail back in august 2009. i have information well evidence but when i was asked i did not tell. due to the fact i was scared and nerves at the same time. but i continue writing to my friend after the police told me not to. now the public defender is upset with me because she brench some information to me without her clients permission. now my friend is her client. which i wanted to tell her she helped me get the evidence i needed but she is mad at me because my friend mom and him was trying to contact her for weeks so was i but she never answered the phone. so my friend mailed me a letter to give her so i did but i typed up what his mom said and "asked her to act like she wanted to do her job" some more things where in the letter but you see what i'm saying. the only thing i did truly was i didn't stop writing him. we wrote some very passionate letters to each other. i lied to him several times asking him when where we going to get married i even introduced him to my child through the mail i sent pictures. and all together $160 on his books since september. in sept.-oct we "started dating" the public defender kept asking me if we ever had sex or kissed i told her NO which is no lie. but she was saying sexual harassment or sexual conduct. Can i really be charged with those offense? with my pictures the snitch called me the b-word supposely. and my friend stabbed him. Now I have gained his trust and he revealed some heavy stuff. I heard him say it before in the jail so i got on the case. I told my oic and he never did anything so i took the law into my on hands. now i face prison time. all i wanted to do was the right thing. now i will be put out of school lose my child and shame my family. I only need 30 hrs to graduate.please tell me there is a loop whole for me?????
Expert:  Zoey_ JD replied 4 years ago.
Hi,

No matter how many times I have read your last post, I am not getting a handle on your concern. Below is what I think you're telling me. Let me know if I'm getting it right yet:

The Federal investigation involves an escape of three inmates from the prison where you work(ed) as a CO. Your friend was not one of the three inmates. And your friend's lawyer is not the complainant on any case targeting you, nor is she a target of the Federal investigation.

But you are concerned that as they investigate the matter of the prison escape, your correspondence with a former inmate to whom you are attracted would come to light and that you will face charges for that. And/Or, you're saying that your friend is now facing charges for having stabbed the snitch, and that you fear that you could get in potential trouble as a result of having revealed the identity of the snitch.

I'm looking carefully at this, which appears to have some new information: "Now I have gained his trust and he revealed some heavy stuff. I heard him say it before in the jail so i got on the case. I told my oic and he never did anything so i took the law into my on hands."

This looks to me as if you revealed material harmful to your friend to the authorities, and that if you have to testify at his trial for the prosecution, you will be cross-examined by your friend's lawyer and be made to look as if 1) you were having a sexual relationship with an inmate and 2) that you somehow conspired with him to stab the snitch. This would make the defense attorney want to cross you very aggressively to discredit you as a witness.

If this last paragraph hits the nail on the head, then any admissions that you would make on the stand could result in the prosecutor filing charges against you. If the prosecutor wants your cooperation enough, however, you could be given immunity of some sort in exchange for it. If this is the situation you're in, you should definitely retain a criminal attorney to help you cut that deal. Also, I suspect that the prosecutor would be VERY interested in hearing about any defense lawyer threatening to bring charges against you in order to convince you not to testify. It's highly improper.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.



Edited by FranL on 6/2/2010 at 7:19 PM EST
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17107
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.