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MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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With doing everything to the letter of the law it only showed

Customer Question

With doing everything to the letter of the law it only showed me once you mess up not only will you pay but all who you care for will suffer to. I did thirteen months clean and sober going to school and doing the community a good service even but no parole agent gave heck about that not even when they knew I had to have a payee plus my wife who how she does it being so very very ill has to conservator all my life with me being an adult child in the eyes of the courts so she gets me relokated only to loose the deposit not once but twice. And she sees people about what parole is doing to me and a fine lawyer sees it in his heart to get me free by writing the habious corpus the got the attorney general to release me and me and my loving wife of 25 yes. Were back together and its great but we have it so hard with us only having s.s.I. checks that were dwindled away due to no fault by us. Now don't get me wrong I beleave I am so blessed its only Thelma deserves alot better OK so please look into my case it stinks of pure lies and deception for those who have this job that should make criminals good not hurt them with their power...
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Wendy-Mod replied 3 years ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy
Customer: replied 3 years ago.
Yes indeedy but to be able to deal better can you be handling my issues with Thelma she's so much more able to get accross the things that are most important. She is amazing and can be there for the answers you'll probably need. Better than me
So please call her at XXX-XXX-XXXX or [email protected] God Bless You for all York doing.
Expert:  Wendy-Mod replied 3 years ago.
Thank you for your patience. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  MyraB replied 3 years ago.
Welcome to Just Answer. I will do my utmost to answer your question.

I am sorry to hear about your situation. It sounds like you have been through quite a lot and are lucky to have Thelma's support. From your statement I get an idea of your circumstances. You believe that you've been wronged, that your trial was not handled properly, but you will need to be more specific about what it is you want information on so that I can provide an answer that is relevant and useful to you.

So, let's start at where you are now. Are you on parole? Do you believe it is a burden to you and your wife? Are you having trouble meeting your parole obligations? Or is all that behind you and you want to look into some injustice you believe you suffered. You will need to be more clear so that I can assist you.

I will await your response.
Expert:  MyraB replied 3 years ago.
Hello again. I'm just checking in to see if you would still like help with this question. Please let me know. Thank you.
Customer: replied 3 years ago.
OK what is my thing is that the doctor at parole (which I completed wary even due to good behavior) said it was not legal what they did to me by putting me back on parole for no good reason but that they had not done it right so it took Thelma my wife to get the attorney general involved who finally seen the wrong being done and discharged me immediately. Now I want to be recompensed. That is why I am seeking York assistant. God Bless
Expert:  MyraB replied 3 years ago.

Thank you for the clarification.

The circumstances you describe may be sufficient for possible claims of false imprisonment, unnecessary delay in processing or release, wrongful detention and/or unlawful confinement, and violation of civil rights. However, the strength of such claims will depend on your unique circumstances which appear to be rather complex, and is beyond the response that I am permitted to give. Therefore, I would suggest that you consult a civil tort law lawyer who is familiar with civil rights claims and tort law that can provide specific legal advice. I would suggest first contacting the lawyer who wrote the petition for habeas corpus to see if he has any suggestions for recovering some of the money spent on fixing the mistake of parole. This was not your mistake, but you and Thelma had to pay for it. At the very least he should be able to direct you to a lawyer who can help you. If he can’t, the California Bar Association has a referral service for attorneys who will provide an initial consultations at no cost. Cases such as yours are generally taken on a contingency basis so that the lawyer would get paid only if and when you are successful. Generally, these kinds of claims are difficult and, because they involve governmental entities, they are not usually settled.

That said, there are certain issues that are common in cases such as yours that you can be aware of when you consult a lawyer. Generally, officials are entitled to what is called "qualified immunity" from being sued when acting in their official capacity and in good faith. Basically, if they are acting in good faith as part of their job, they will be immune. Generally there is no duty on the part of parole to look outside of their own files for information. Meaning where a court has ordered release but the parole documents don't reflect that, parole can rely on their own records and do not have to look further. Unfortunately, that means when communication is not good, something like what happened in your case may occur.

An exception to qualified immunity is when there is conduct that amounts to deliberate indifference to a clearly established right. Now, you don't have to be a lawyer to know that liberty in this country is a clearly established right. That is why, when you suggest officials may have known or should have known about the release from parole, and perhaps disregarded it, acted outside their authority and the like, there is a possibility they would be unable to rely on qualified immunity which would be a determination made by a judge.

When you do meet with an attorney be sure to mention all the expenses that resulted from the "mistake" including all the money you had to pay to clear up the error and the expenses, your emotional distress, and the stress on you and Thelma, as they are what is termed "consequential damages" - that is damages that flow from the wrong conduct - that would be included in the claim. At the very least perhaps you could recover the "deposits" you mention Thelma lost as a result of the error with parole.

I hope the above information is helpful to your situation and I wish you and Thelma the best as you seek recompense. Please ask if there is anything that I wrote that you want clarified, and feel free to ask any follow-up questions.

Expert:  MyraB replied 3 years ago.
I was just checking in to see if there was anything else I could help you with regarding this question.

If not, would you please take a moment to rate my answer postively so that I can receive credit for assisting you. Otherwise the site keeps the full amount you paid.

Thank you.

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