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Subject: Bail & bond questions
It depends on what the fine is for. If it is a court fine or a restitution the money goes to that department or entity. The prison is not for profit and any money they receive has an obligation to marshal assets for the government when it is owed by someone in their custody. Even the money that the commissary takes in, if there is a "profit" it is rolled into inmate programs and inmate recreation costs.
Subject: Bail & bond questions
A property bond is a bond that posts the value of tangible property, such as real estate, in order to obtain a pre-trial release from jail. In some cases, the value of the property may need to be twice as high as the bail amount in order for a property bond to be accepted. A property bond is not allowed in every state. A property bond may be obtained from a bail agent. Depending on the law of the particular state,...
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Subject: Law & court questions - legal terms
Appeals are costly and largely yield a negative outcome. A successful appeal needs a specialist and a decent case (one where many judicial errors were made) for them to have a slim chance of prevailing. Sex offender cases are especially tough. In our opinion, unless there is DNA evidence that exonerates the offender, they rarely come out the way you hope. Sometimes the appellate route is for your conscience. You feel like you need to spend every dollar you can to...
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Subject: Medical treatment
Call the camp counselor at the Jamestown facility directly and ask for a welfare or health update on your husband. That is the most direct path to getting information. You do not need a specific reason beyond being his family and wanting to confirm he is receiving care. Counselors deal with these calls and can at minimum confirm he is there and being attended to, even if they cannot share detailed medical information. The lack of contact over two weeks is...
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Subject: Sentencing questions
No, there are no margins, only guidelines that the judges use to determine the length of the sentence. Federal Sentencing Guidelines Manual guides judges toward a sentence based on the facts that led to the conviction. The sentencing guidelines are advisory, not mandatory unlike mandatory minimums. Judges are allowed to go below or above someone’s guideline sentence depending on the circumstances of the case. Here’s an example of how a federal judge uses the guidelines to determine a sentence for a man...
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Subject: Parole, probation & supervised release
Parole is set by the judge who sentenced him. Review the Judgement and Commitment Order to see a parole date. There are no legal maneuvers that will speed up the process. The best advice is to follow the "programming" suggested for him by his counselor and complete as many of these that he can before the parole hearing (if eligible). Compliance, contrition and rehabilitation are what the Board is looking for.
Subject: Release questions
A 44 to 65 month sentence is an indeterminate sentence, which means he has a minimum and a maximum. He does not start at 65 and count down. He starts serving his sentence from day one, and 44 months is the earliest point at which he can be considered for parole. The 65-month number is the absolute ceiling, the longest he would serve if parole is denied repeatedly. The goal is to get to that parole board hearing as early...
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Subject: Sentencing questions
Did they use a gun? How much was taken? What is the criminal history of the offender? These are factors used to calculate an offender's sentence and where they will do time.
Subject: Residential drug abuse program (rdap)
RDAP stands for Residential Drug Abuse Program which is found only in the federal Bureau of Prisons. Inmates that qualify for RDAP will get up to twelve months off of their sentence and a guaranteed six months of halfway house. RDAP is a fantastic nine-month program that has had a positive impact on inmate's personal development - addresses behavioral modifications more than strictly focused on drug addiction or dependency. There are defined guidelines as to who can and cannot get...
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Subject: Sentence reduction
Unfortunately, the only way for a state inmate to gain a reduction in their current sentence is to provide significant assistance in the prosecution of another crime. Also known as snitching. But there are risks to go along with the rewards (sentence reduction). We are not advocating this but it is an avenue. If you think that there were some legal mistakes or injustices, appeals and writs rarely win. And, there are very few post-conviction attorneys that are worth the money...
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