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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11781
Experience:  19+ Years of Legal Practice in Criminal Law.
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My friend has been on the ISP system for the past 18 months.Abiding

Customer Question

My friend has been on the ISP system for the past 18 months.Abiding by all requirements. He is doing very well. Determined to never go back to prison. His parole officer has been so difficult that he was assigned another, by his supervisor. For some reason, the previous officer has now taken over his case again. His license has been taken away without explanation, for 2 months. This effects his ability to work. My concern is this- Since he is up for parole Feb. 2011, I don't trust this officer. It appears that my friend is being set up to go back to prison, without just cause. What should he do without receiving any more repercussions?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 4 years ago.

Dear jacustomer,

 

I hate to say this because it generally requires money (unless you can get the ACLU or a similar outfit involved), but if there is a rogue and power hungry little parole officer abusing his rights without any justification for his actions (perhaps he feels it is his right to inflict additional unofficial sentencing on his own?), the only avenue I see is for him to get a criminal defense attorney involved. That attorney can officially communicate with the supervisor and above, show what has been done by this PO and how he is violating your friend's civil rights, abusing his position for his own purposes, and needs to be removed. If you friend complains on his own, sadly, I see the bureaucracy being lazy and sweeping it under the rug. I feel for him tremendously, particularly since he has worked so hard to improve his situation and put the past behind him.

 

But someone needs to slap them in the fanny from a legal position, such as suit if need be - and your friend just isn't in the position I am sure, to learn 3+ years of law school in time to learn the law and the procedure and the nuances of whatever is going on. If he does anything, I can see repercussions because the PO may very well be unstable, and if your guys doesn't have an attorney ready to make a stink over it, he may be lost.

 

It is not fair, particularly when it costs money to hire someone who is a very strong professional in this area - but that is what he needs to do. And in the meantime, document all that is occurring and all conversations,dates, with whom, etc.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

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AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11781
Experience: 19+ Years of Legal Practice in Criminal Law.
AlexiaEsq. and 12 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Stephanie,

Thanks so much for your help. I do have a few follow up questions though. I have no experience with the judicial system at all, so pardon my ignorance.

 

1) What should be an expected rate for a criminal defense attorney?

2) How do I find a good one?

3)Once an attorney is hired how long do you think this process could take?

4)Will my friend need to go to court or would this all be handled by the attorney?

 

thanks in advance for your help. Its not fair when the judicial system claims to give people a second chance when in reality, thats not the case.

 

Page

 

Expert:  AlexiaEsq. replied 4 years ago.

1) What should be an expected rate for a criminal defense attorney? Hi, this really no expected rate, as it it like any one who provides a service, they decide on what they charge and the market will bear or not bear. I've seen $125/hour for someone very new to $650/hour. However, sometimes the best deal is to go on a flat fee - some will be willing to do XYZ for $2000, say. It may be where you can pay for an initial letter to go out, for a few hundred dollars (because he has to review the case a bit before writing it) or less, and see if it resolves it. Or, let's say the attorney looks at it and thinks your guy's civil rights are being violated and it could be a matter worthy of a contingent fee (not likely, but possible), that would be fantastic for your friend. There are also times when one can make a hybrid agreement, say a very low hourly rate (relative) combined with an ultimate contingent fee (if there was a possible lawsuit for civil rights with major damages) so the lawyer knows he at least will be paid something for the hours worked, regardless of outcome.

2) How do I find a good one? You can look in the yellow pages, online or at a website like http://www.martindale.com (by locations and speciality).

 

3)Once an attorney is hired how long do you think this process could take? I really couldn't say, depends if they roll over and correct immediately, or ignore and someone has to file complaint.

 

4)Will my friend need to go to court or would this all be handled by the attorney? Again, depends if they roll or a complaint needs to be filed. It would seem that much of the evidence on behalf of your friend would be the lack of paperwork showing there was a justification for loss of license, i.e. no parole violations, etc. It really depends. If it went to a hearing, he'd likely have to be there to testify.

 

I would start with a criminal lawyer consult (even paying for it if you must) and look into the starting price - i.e. to try to get a lawyer to write letter depicting the grievance. Then taking it from there.

 

As for the judicial system - the big problem I have with this situation is a person, a clerk, for lack of a better word, a civil servant whose salary is paid for by we the citizens, using his position to fulfill his needs to be a bully, exact his own justice, etc. He should be in jail for that, JMO.

 

Good luck.

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