A Brady violation is one of the stronger grounds for appeal that exists in criminal law, but strong does not mean automatic, and the road from violation to overturn is long and difficult. Brady v. Maryland is the 1963 Supreme Court decision that requires prosecutors to disclose any evidence that is favorable to the defendant and material to guilt or sentencing. That includes exculpatory evidence that could prove innocence and impeachment evidence that could undermine the credibility of witnesses.
Read moreYes, your inmate can write back directly using the return address printed on the InmateAid envelope. That address comes back to InmateAid, not to your home. This is one of the features that a lot of InmateAid members genuinely appreciate, and for good reason. Not everyone is comfortable having their personal home address on file at a correctional facility or visible to anyone who handles the mail inside. Using InmateAid's return address keeps your actual location private while still
Read moreThe answer depends on what triggered that 100% designation, and it is an important distinction. If the 24 months at 100% is tied to a probation or parole violation, it means exactly what it sounds like. He serves every day of that sentence with no good time, no early release, no parole consideration. When the court sees that a previous grant of leniency was not honored, the response is typically to close that door. In that case, yes, January
Read moreAs long as it takes. Detainers are honored by almost all jurisdictions unless it is an ICE issue, then some sanctuary city detention centers will not honor the detainer. If this is not ICE, they will take their sweet time when two officers can travel to pick up their hold.
Read moreAny honest answer here is a rough estimate because the outcome depends on factors that vary case by case, and we are not lawyers. That said, experience with these situations over many years points in a consistent direction. The four things that drive the outcome most heavily are her criminal history, whether anyone was hurt, whether any property was damaged or lost, and the specific circumstances of the arrest. A small quantity of a Schedule 2 substance and a
Read moreThe range you are looking at is six years on the low end and twenty on the high end, but where she lands within that range is almost entirely within her own control. The six-year minimum is real and reachable. Parole eligibility in most states kicks in after the minimum is served, and a first appearance before the parole board is not automatic approval, but it is a genuine opportunity. What the board is looking for is straightforward: has
Read moreWhen a court appoints an appellate attorney, that appointment comes through the Public Defender's office. The inmate does not get to choose who is assigned, the court makes that determination and the Public Defender's office handles the assignment from there. Finding out who was appointed is usually straightforward. The inmate can ask their case manager or counselor at the facility, who can help them contact the court clerk's office for the jurisdiction where the appeal is being filed. The
Read morePlease explain "two years at 100%". Judges do not normally use that terminology. They might say, "24 months, no parole", but the length of time that the offender ultimately serves is up to the Department of Corrections and the inmate themselves. If you follow the rules and are a model prisoner, most sentences come with 15% good time granted at the time of incarceration.
Read moreWhen a release date is posted in the system, that date already reflects everything working in his favor. Good time credits, program completions, and any other reductions the facility has applied are all factored in before that date gets set. The February 16 date is not a starting point for further negotiation. It is the finish line as it currently stands. That said, the date is not completely fixed. It can move in either direction. If he picks up
Read moreYes, but there are some restictions. The majority of mail rooms have a size limit. The size InmateAid uses in it's Photo Service is a 4" x 6" glossy with the picture printed to the edge, there are no large white borders to shrink the image.
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