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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21433
Experience:  Handle criminal matters in both state and federal courts.
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My son is in a federal prison in California. He has been doing

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My son is in a federal prison in California. He has been doing well...work, studies program, religious services. He was supposed to have been moved to a medium security (it was approved in Sept.), but his case manager hadn't moved it along.
In Nov., he was told his cell should be a "Black cell," and somehow they got rid his Native American cellmate. My son said, "No way." Suddenly, a knife is found in the sink drain.
I KNOW my son had nothing to do with it. I've been told by someone else that neither the guards nor people he knows believe he did this. But until his hearing, he was kept in segreation.
He wrote, "Saw the DHO today and my staff rep did not show up nor did the witness statements he was supposed to get. So she found me guilty due to culpability, gave me 4 points (no medium), 1 yeaer loss of store, 6 months loss of e-mail, 60 days hole time, 60 days on the shelf (no work), 41 days' loss of good time, and a $35 fine."
She (the judge) put down that in her opinion "the knife was not his." Yet she still punished him for something he DID NOT DO. He has too much riding to ever think of such a thing.
He is going to appeal, and I don't know what "culpability" means in this case.
To make a long story short, he asked me and his dad to "raise a stink"...and I would, but we wonder if that would be in our son's best interest. I don't want to do anything that would be harmful.
My son is in for "aggravated assault" in Indian Country. He beat up a man who was beating his pregnant wife. The jury "found" him to be Indian, although he doesn't not have enough to get any type of Indian services.
He's had his problems, but I believe this is way out of bounds. But what I want to know is, should we intervene with a letter, or stay out of it?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Samuel-II :

Hi

Samuel-II :

I am sorry to hear of this situation. I cannot tell you not to get involved. But I suggest that you are correct, you could make things more difficult for your son, as unfortunate as it is.

Samuel-II :

I mean, you could go through a lot of expense and time in trying to appeal this and by then his shelve life will be over, and only real thing he would gain is his 41 days of good time - Never gonna get back his 60 days in the hole. It seems to me that if you try to go the appeal route, it could cause him grief inside. Not supposed, to but it could.

Samuel-II :

It's up to you - but that is my take on it.

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Thank you

Customer:

Thank you for your input. I have absolutely no respect for the federal system. If the judge didn't think he did it, then why did she give him all this "punishment"? I am just heartsick, and I definitely want to be alive when he is released, but I can tell what it is doing to me. They never think about that. Some are ok, but on the whole I think many of them are petty demi-gods and bullies. I have absolutely no faith in the system.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21433
Experience: Handle criminal matters in both state and federal courts.
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