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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23164
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I live in a town of 9000 rumors abound in this town. now my

Customer Question

i live in a town of 9000 rumors abound in this town. now my dad is convicted of exposure to his whorer. is it illegal for a defense atorny to with hold evidence? my dad has masurements, pictures. is in bad health, handy capped and not very finacaly rich. all of this has been used against him in this case, along with threats from his atornys. and is allowable to blow off medical limitations. as dad has told DA, his atorny, and in writing. yet he is forced to do what ever they say?? dispite sever pain, to the point he had to get muscel relaxer pills for his back and was laid up for days in bed. wich got him into more trouble as they said he was not following his cort sentence. dad is trying his best, ***** ***** been pushed to the point he is about to snap. he is seeking mental health for help now but im afraid the law, and the experiances he has went through, with drawls, loose of preferal vision, chest and hart pains to point he ended up in ER. he use to be afraid of nothing!! but this BS has over wellmed dad to point he is in sever depression, not knowing where to turn for help or what to do. there is no amount of $$ to fix this!! he has missed a years worth of vacations with his girl friend, lost his grandsons. wich has really got him down!! all the holidays with his grandsons, and another big one next week!! his grandsons mean the world to my dad. iv seen him sit crying over this several times. this is hart breaking to all in the family to see him go through this with no help. please please give us a direction to go please
Wes Madsen
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.


What is your father convicted of? Did he take a plea or lose at trial? What did his lawyer fail to do when the case was open? What was he sentenced to?

Are you saying he's too ill to comply with his sentence? What is he supposed to be doing that he's not doing? Is he on probation and has he been violated? What is his lawyer doing about all of this?

Please reply here on this question thread.

Customer: replied 7 months ago.
sexual exposure?. yes he took the plea agreement because he almost lost his life in jail because of the eneptness of jailers. he lost his prepheral vision, went through sever with drawls dispite the jailers being told of his health isuese and given 1 dose of his med. (wich he never got back) they told him he would see a doc. and a nurse. he did see nurse at 2pm next day. he sweats profusely espechally at night from meds and low testosterone. at the time he was taking 3 - 80mg of oxy, 6 - 20mg of emedeat oxys a day plus depression meds, hart meds including warfarin! his atorneies dispite telling them. and or secretarys what happened, that my brother was in back seat the first time and knows didn't happen. dispite dad going there since place opened with no problems. females claimed he exposed himself, was erect?! (sever ED from meds and low t)(has to take an ejection to achevie an erection wich is very painful). dad also gave his medical records to his defense atornies but was told it was to much effort to read and check out .proving that it was physicaly imposible and inprobable, espechally with his clean record wich was not taken into account, dad also explained that he had given this female a peace of his mind for messing up his order 4 days in a row, they both claimed the never seen him before, this was suppose to have happened 3 consecutive days in a row. his house was full of relitives because of a big county event going on. these females in their statements, could not describe him or his outfits he was in, all details wrong yet they accepted with out a doubt, and with out checking out if it was even possible (as dad has proven cant ). I have his pictures and masurements that he went out and got himself and can be checked out anywere, no tricks!! dad dosnt have the money to get a real atorny, and is way past the time to get his half replaced knee replaced, in cronic back pain,( espechally now with fed mandate to lower all oxy useage) he is in no shape to go to cort as he can not sit or stand for very long without sever pain from all of this and has hart and lung isues and from all of the experience he has went through now suffers extream depression, anxiety, panic attacks,ect he is a mess with all of the over wellming embarrassment cort and sexual test, probation ect. I am out of time for now please email me. he also, when in jail, sweating profusely (wich should be on video) had no cold water at all to drink the next day, probably several cell blocks included, he was extreamly dehydrated, and needless to say was extreamly hard on his system. I have much more ifo pics measurements and facts. like not one of dads letters from neighbors and friends on his caracture was never even considerd. I have to go for now please give us some directions to fix this injustice, he is not looking to get out of something just because of his health that he did, but totally belives his health and finaces were used against him as it was so easy for the detectives and DA to prosecute him and get what ever rewards they get. this isn't profriden so im sure it has a lot of mistakes and not hardly any of the info u need. please get ahold of me. dad wants and needs his grandsons and his freedom back its hard enough on him the way it is!!
Expert:  Zoey_ JD replied 7 months ago.

Thank you for the reply.

First of all, unfortunately your father took a plea. He can't have that both ways. That is, once a defendant takes a plea, by definition he gives up his right to hearings and trial and to confront witnesses against him and challenge the evidence. So he can't plead guilty to get a more favorable sentence then what he would have gotten if he lost at trial and then turn around and say his lawyer didn't put evidence out there.

If he feels that his lawyer didn't advise him properly or that he was taken off his medication and wasn't thinking right when he chose to take the plea, his remedy would be to have his lawyer file a notice of appeal within 30 days of his sentencing, which he can still do if that time period hasn't expired. His lawyer would file the notice and then the file would be turned over to a free appellate defender.

The medical situation is far more concerning, as he has an absolute right to adequate medical treatment under the 8th amendment to the Constitution. It is considered cruel and unusual punishment for an inmate to be denied necessary medical treatment.

If your father has a condition that requires medical attention, while the prison does not have to provide the same caliber of medical care that he would get on the outside, they cannot turn a blind eye to his problems either. You can get an idea of what courts have found to be deliberate indifference and what sorts of situations constitute a serious medical need here in this PDF, which was put together by the ACLU.

In my experience, outsiders such as family members or well-meaning friends are only going to get the runaround when they try to inquire too closely about what's going on with their incarcerated relatives, particularly when the questions relate to an inmate's treatment -- medical and otherwise -- at the hands of the Department of Corrections.

If your father is still in jail, it takes a lawyer who does civil rights work to break that pattern. They not only can visit an inmate when family and friends cannot but they can get in touch with people in the system who will not speak at all to family/friends and thus have a much better chance of turning the situation around. A lawyer can also file a writ of habeas corpus to get the inmate before the judge and to get emergency medical care ordered.

If your father had a lawyer on his underlying case, that's where you need to start. Contact the lawyer, let him get your dad before the judge and get medical care ordered. You may also want to reach out to the ACLU. They have advocated across this country inmate rights. Even if they have too much on their plate to get involved directly at this time, they may know of others in the vicinity who would offer assistance.
Their national website is at, but the American Civil Liberties Union has branches throughout the country.

If your father is at liberty now, he may have a civil suit based on their neglect of his condition while he was incarcerated. The ACLU would likely know of someone in his area who would be able to assist him with that.

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