How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88126
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

My husband was arrested in sac. ca. sept. 2009 and was not

Resolved Question:

My husband was arrested in sac. ca. sept. 2009 and was not offered bail. this was a first time offender who was charged with wire fraud. His bus. partner addmitted to the crime in court and sain in open court that his partner don mann was not aware of any of it and did not partisapate. two years went by before trial, altho numerus trial dates were set. june 2011 they were both found guilty because they were tried together and the jury instruction was that if one was found guilty then they both had to be found guilty. The sentencing has been post poned for 14 months. because of a psi report that has not been turned in. numorus dates for sentencing have come and gone. I want to write the judge to let her know about the prosecutors delay tatics, but both court appointed attourneys have stated the me and the other defendants wife that if we write the judge, that neither attorney would talk to us. My husbands attorney stopped talking to me by phone or e-mail two years ago, because I wrote the judges, being that this case is now in the hands of a fourth judge, the others recused themselves. I conciderthisemotional black mail. My friends husband is now dying and was given only two months to live although they wont releasethe dr. reports to his wife. he has a fast growing cancer that is in his lympnodes and he should be getting chemo and radiation. what are the laws that I can write the judge in regard to the rights of these men ?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. I am here to help you. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear. There may be a slight delay between your follow ups and my replies as I type out a thorough reply for you.

I am very sorry for your husband's situation, as well as that of his business partner.

what are the laws that I can write the judge in regard to the rights of these men ?

This is somewhat of an open-ended question. What are you trying to achieve here? Are you seeking to have this matter of sentencing be heard faster, or, are you asking for leniency for both of them, or, something else?

Finally, is this in federal or state court?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.

Customer: replied 1 year ago.


This is a federal offence. Iam seeking to get the sentencing and put an end to this injustice. of course I want to write the judge for liencey, Judge mullar did not here the case from start to finish. How long do we wit for this PSI report. and can we proceed with out it. The investigator has had 14 months to write it. and he didnt interview me or the defendants grown children. So Dons family wrote the judge our own letters asking for liencey, in which she did acknoledge in court. our layers were furious with us.


 

Expert:  Ely replied 1 year ago.
Thank you for your clarification.

First of all, please note that as a non-party to the case, the Court is not likely to entertain your letter to have sentencing done "quicker." This is not the way it is done - your husband's attorney has to file a motion and have it heard. This is the proper way to seek relief in Court. A letter by a non-party (since you are not a defendant) will generally not make anything happen.

PSI Report
Under Federal Rules of Criminal Procedure RULE 32, the PSI report does not have a due date, so to speak. The rules do not say how long it should take.

However, your husband's attorney can file a Motion to Compel the Presentence Investigation Report and have the matter heard, and argue that the PSI report has been taking too long and that the PSI report needs to be turned in soon. The Court, at its discretion, can mandate that the PSI report be executed faster.

Leniency
The following is a template of a letter you can use to customize to your matter, and turn into the Court at sentencing:

To The Honorable Court:

I am the Defendant's wife. All this time, I have always known (name) to be a kind, giving and loving person. He has a strong family-oriented background, has always tried to do the right thing. How he ever got into this situation is incomprehensible to me, as this is not the person I know.

The Court will only view him based on his actions here. But I ask the Court to consider his life, too. (Here, say what he has done that has earned merit - volunteer, family oriented, aspirations, etc.).

It is true that a crime has been committed and and the guilty party must own up to the consequences. I do not dispute this. But I ask - on behalf of myself and others - to consider _____ not only for the action before the Court, but for all his actions in his life that warrant merit, as well.

Thank you for your consideration.


IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88126
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 14 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.