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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102184
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband was arrested in sac. ca. sept. 2009 and was not

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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 ?
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 4 years 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.


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.

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.

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