Is Anybody Here A Lawyer?

[HeIsRisen2018]

Alright this is coming from a plea of a desperate woman. As a lot of you already know, my fiancee Joe is currently behind bars for a crime he did not commit. And since neither mine nor his family have the money for a decent lawyer we need one who will work for free. I am posting this due to permission that I got from his mother when I saw them both today, so if any of you have been in law school and have any kind of legal advice please PM me and leave me your email address that I can give to her. I really hope that this doesn't go against the rules because this was literally the only thing that I could think of. Please help me, you just might be the answer to our prayers. I'm lost without my man by my side. I miss and love him so much and I am so close to tears right now that it isn't even funny.

 

[Runner]

I am a lawyer and have been for more than 35 years. No lawyer who is not licensed in your particular state is going to discuss your fiancé's case with you. Even discussing it with you informally can create a lawyer-client relationship and trigger a lot of obligations and potential problems for the lawyer. Contact the State Bar Association in your state and ask them for a list of criminal law specialists who do pro bono (free) work.

If he is behind bars, the time for an appeal has surely passed. If he is behind bars because he accepted a plea bargain, which is true in 90% or more of criminal cases, he has an almost impossibly uphill battle. I don't want to know the details or engage in a dialogue for the reasons stated above, but don't be surprised if even a competent pro bono criminal specialist has little enthusiasm. "But I'm innocent!" doesn't get him anywhere unless there is new evidence to prove it (and perhaps not even then). Unless he's in prison for a really long time, and perhaps even then, he might do better to focus his efforts on clemency (parole) than attempting to challenge the conviction.

Disclaimer: I am not a criminal specialist. Unless you are in Arizona, I know precisely nothing about the law of your state. Nothing I have said is or is intended as legal advice. I am not your lawyer or your fiancé's lawyer. But I do wish you both good luck.

 

[ezra]

Alright this is coming from a plea of a desperate woman. As a lot of you already know, my fiancee Joe is currently behind bars for a crime he did not commit. And since neither mine nor his family have the money for a decent lawyer we need one who will work for free. I am posting this due to permission that I got from his mother when I saw them both today, so if any of you have been in law school and have any kind of legal advice please PM me and leave me your email address that I can give to her. I really hope that this doesn't go against the rules because this was literally the only thing that I could think of. Please help me, you just might be the answer to our prayers. I'm lost without my man by my side. I miss and love him so much and I am so close to tears right now that it isn't even funny.

tough battle public defender is what would most likely be .. please understand i am not judging him when i say this.. but % 90 of those doing time are innocent.. it would take hard evidence that proves he is innocent.. is he in county jail/ state or federal how much time did he get?

if your able to visit him and have some contact. then they must not consider him a hardened criminal..no i am not a lawyer nor am i a big fan of them... but sad to say in court you have to use them . a guy i know got 5 years from robbery he did 3 months in county jail and could get out of the state pen in about 2 months or so . as suggest maybe appeal i dunno the amount of time he got is ok to post..i dont need to know his crime.. but have a hard time seeing the crime being real bad

 

[Runner]

tough battle public defender is what would most likely be .. please understand i am not judging him when i say this.. but % 90 of those doing time are innocent.. it would take hard evidence that proves he is innocent.. is he in county jail/ state or federal how much time did he get?

Can we amend that to "90% of those doing time CLAIM they are innocent"? The vast majority of criminal convictions are in the form of plea bargains, where the defendant agrees to the essential facts, understands the potential sentence, and is grilled by the judge to make sure he understands what he is doing. So the claim of "But I'm really innocent" is mostly for the benefit of family and friends.

Public Defenders are some of the most overworked people on earth, and to my knowledge are not appointed to try to prove that people already in prison are really innocent. The best bet would be a private criminal defense attorney who does pro bono work and thinks this case has merit.

if your able to visit him and have some contact. then they must not consider him a hardened criminal..no i am not a lawyer nor am i a big fan of them... but sad to say in court you have to use them . a guy i know got 5 years from robbery he did 3 months in county jail and could get out of the state pen in about 2 months or so . as suggest maybe appeal i dunno the amount of time he got is ok to post..i dont need to know his crime.. but have a hard time seeing the crime being real bad

Hardened criminals receive visitors like anyone else. Visitation is typically only denied on a short-term basis for disciplinary reasons. My concern, if I were the OP, is that first-time offenders seldom get sentenced to prison unless the offense is serious and the conviction is rock-solid in the judge's mind. So I'd want to know the reality from the prosecution's standpoint before I married the guy.

I'm not a big fan of doctors or plumbers, either - until I suddenly need one.

 

[HeIsRisen2018]

Thank you so much! I never knew that they had a listing that you could call. So I looked up the number for Ohio and gave it to Joe's mom. And to answer your questions yes he took a plea deal but that was only because he was afraid that he wouldn't win the case (he has Asperger's) and if this (second) appeal won't go through he's facing about four and a half more years. But thank you so much Runner for your legal advice. Now all I can do is hope and pray that we'll be able to get a lawyer. Thanks to you, this might be the first step in bringing him home. I'm not going to get my hopes up too high, but I'm not going to lose hope either.

 

[Runner]

Thank you so much! I never knew that they had a listing that you could call. So I looked up the number for Ohio and gave it to Joe's mom. And to answer your questions yes he took a plea deal but that was only because he was afraid that he wouldn't win the case (he has Asperger's) and if this (second) appeal won't go through he's facing about four and a half more years. But thank you so much Runner for your legal advice. Now all I can do is hope and pray that we'll be able to get a lawyer. Thanks to you, this might be the first step in bringing him home. I'm not going to get my hopes up too high, but I'm not going to lose hope either.

You're more than welcome! It looks like Ohio may do referrals on a county-by-county basis. Here's a listing published by the Ohio Supreme Court: http://www.supremecourt.ohio.gov/AttySvcs/LawyerReferral/referral/LRIS.pdf. The same listing and an explanation appears here on the Ohio Bar Association website: https://www.ohiobar.org/ForPublic/AboutLawyers/Pages/StaticPage-72.aspx. There are also organizations like Legal Aid and Community Legal Services, https://www.ohiolegalaid.org/ and http://www.ohiolegalservices.org/. To the best of my knowledge, they do not assist in criminal cases - but they might know of lawyers who do. If nothing else, it might be worth getting all the facts and paperwork together and spending an hour with a criminal defense lawyer just to get an idea as to whether your fiancé's situation is hopeless or has promise. This would not cost more than a few hundred dollars (easy for me to say), and many lawyers offer free initial consultations.

 

[HeIsRisen2018]

Oh that link is awesome thank you!! Thank you!!!! I can't remember the last time I have been this happy!! I gave her the number already but I will email that list to her and see what she turns up tomorrow. They might direct her to the numbers anyway! I love you so much!! Thank God for you! Literally! I really mean that!

 

[ezra]

Can we amend that to "90% of those doing time CLAIM they are innocent"? The vast majority of criminal convictions are in the form of plea bargains, where the defendant agrees to the essential facts, understands the potential sentence, and is grilled by the judge to make sure he understands what he is doing. So the claim of "But I'm really innocent" is mostly for the benefit of family and friends.

Public Defenders are some of the most overworked people on earth, and to my knowledge are not appointed to try to prove that people already in prison are really innocent. The best bet would be a private criminal defense attorney who does pro bono work and thinks this case has merit.



Hardened criminals receive visitors like anyone else. Visitation is typically only denied on a short-term basis for disciplinary reasons. My concern, if I were the OP, is that first-time offenders seldom get sentenced to prison unless the offense is serious and the conviction is rock-solid in the judge's mind. So I'd want to know the reality from the prosecution's standpoint before I married the guy.

I'm not a big fan of doctors or plumbers, either - until I suddenly need one.

i agree but the Big problem is at least a $500.00 retainer fee my guess several thousand dollars up to ten grand . no offence there are good lawyers just not many . i am full aware of the plea bargain and how it works.. i acquired some federal court problems.. class D felony growing om fed land.. this was back in my days when i was lost and just wanted some weed to smoke ugh.. i went to a local lawyer.his reply me and the fed prosecuting attorney are good friends.. i got ocean front property in Ariz for sale to . thousand dollar retainer long story short charged he wanted ten grand. might i add P.A well they deem themselves in most cases judge juror executioner .. so yes i understand the court system.. i ended up getting a court appointed lawyer ..he was there and that was just about it hard to shell out thousands of dollars when ya aint got it

 

[Runner]

i agree but the Big problem is at least a $500.00 retainer fee my guess several thousand dollars up to ten grand . no offence there are good lawyers just not many . i am full aware of the plea bargain and how it works.. i acquired some federal court problems.. class D felony growing om fed land.. this was back in my days when i was lost and just wanted some weed to smoke ugh.. i went to a local lawyer.his reply me and the fed prosecuting attorney are good friends.. i got ocean front property in Ariz for sale to . thousand dollar retainer long story short charged he wanted ten grand. might i add P.A well they deem themselves in most cases judge juror executioner .. so yes i understand the court system.. i ended up getting a court appointed lawyer ..he was there and that was just about it hard to shell out thousands of dollars when ya aint got it

Yes, stiff retainers are common. In defense of lawyers, the percentage of lawyers who get stiffed by their clients is huge. In criminal cases, for obvious reasons, the retainer is very large. Way back in 1982, I worked for a VERY successful New Mexico lawyer in a VERY tiny New Mexico town whose retainer in a criminal case was $50K. If that meant you had to sign over the deed to your house or get your parents to mortgage theirs, too bad for you - not his problem, he didn't create your mess, if you'd prefer to go to prison be his guest. Thank God I have sailed through my whole life without ever having to hire a lawyer! Our legal system is such a wasteful, inefficient mess (civil as well as criminal) that I can't believe it will survive in its present form for another 100 years. My standard advice to people was "Once you find yourself caught up in litigation, do everything you can to get OUT as early as possible, even if that means you have to eat some crow and perhaps offer more in settlement than you would like to offer. If you don't, you're going to look back after five years of gut-wrenching emotions, vast expenditures of time, energy and money, and join the chorus of those who say 'THE ONLY WINNERS WERE THE LAWYERS.'"

 

[HeIsRisen2018]

Again Runner, I can't thank you enough. You don't know how much this means to me. The only other man that can possibly ever love me as much as Joey does is Jesus. And it sure would be really great if we are able to get him home. It would be just like Heaven on earth actually.

 

[Runner]

Oh that link is awesome thank you!! Thank you!!!! I can't remember the last time I have been this happy!! I gave her the number already but I will email that list to her and see what she turns up tomorrow. They might direct her to the numbers anyway! I love you so much!! Thank God for you! Literally! I really mean that!

Goodness, you're blowing my carefully crafted image as The Person We All Love to Hate! Just don't get your hopes too high, because this will be an uphill battle at best. If you can't find a pro bono lawyer but there is really new evidence of innocence, another possibility would be to contact the prosecutor who handled your fiancé's case. Even though he is the "enemy," prosecutors are not crazed gunslingers who want notches on their belt even when defendants are innocent. (Thanks to plea bargains, it's a very poor prosecutor who doesn't have a conviction rate of at least 90%.) Depending on what you have, he may have an obligation to tell the court about it. This is from an article in the Ohio State Journal of Criminal Law:

Building on prior judicial pronouncements, new ABA [American Bar Association] model ethics rules propose that when a prosecutor learns of new exculpatory evidence that is “material” and “credible,” and that establishes “a reasonable likelihood” that a convicted defendant is innocent, the prosecutor should disclose the new evidence to the court and to the defendant and conduct a reasonable investigation to determine whether a miscarriage of justice in fact occurred.

The whole article is here, although it is very technical for a non-lawyer: http://moritzlaw.osu.edu/students/groups/osjcl/files/2012/05/GreenYaroshefsky-FinalPDF.pdf

If you can find a lawyer to represent your fiancé, he would of course be the one to contact the prosecutor.

 

[HeIsRisen2018]

Thanks again for all of your advice!! And I never hated you, I don't believe in hating anybody since Jesus spoke very strongly against it and that hating somebody is murder in the heart and we're supposed to love one another. Besides I hardly even know you lol I just don't always understand what you're trying to say because of my learning disabilities. I really feel sorry for you, lawyers always get such a lousy reputation. You seem to be very good at your job though, and thank you again for all of your information!! Seriously though, you're my hero!


Edit; I just had got finished speaking with Joe's mother and she said that she left a message with the pro-bono (I just realized that I had been saying it wrong all this time lol ) and all we can do now is wait, hope, and pray.

 

[ezra]

Yes, stiff retainers are common. In defense of lawyers, the percentage of lawyers who get stiffed by their clients is huge. In criminal cases, for obvious reasons, the retainer is very large. Way back in 1982, I worked for a VERY successful New Mexico lawyer in a VERY tiny New Mexico town whose retainer in a criminal case was $50K. If that meant you had to sign over the deed to your house or get your parents to mortgage theirs, too bad for you - not his problem, he didn't create your mess, if you'd prefer to go to prison be his guest. Thank God I have sailed through my whole life without ever having to hire a lawyer! Our legal system is such a wasteful, inefficient mess (civil as well as criminal) that I can't believe it will survive in its present form for another 100 years. My standard advice to people was "Once you find yourself caught up in litigation, do everything you can to get OUT as early as possible, even if that means you have to eat some crow and perhaps offer more in settlement than you would like to offer. If you don't, you're going to look back after five years of gut-wrenching emotions, vast expenditures of time, energy and money, and join the chorus of those who say 'THE ONLY WINNERS WERE THE LAWYERS.'"

i agree our criminal court system is how can i say it a joke ..Dog eat Dog world had a i followed my raising i would not ahve told this story.. i had a prior misdemeanor class c property damage to plea deal...fed court put 10 years on my life.. i read where the lawyers that are working with the Russia witch hunt get $10,000 per hour where did i go wrong lol . i have seen probation given for the wife hiring some guys to kill her husband . seen 15 year sentence for drugs few years ago a lady did a sudden stop in front of our son.. he rear ended the lady. they agve him ticket for following to close.. he went to court to pay the fine.pleads guilty judge ask P.A something like his thoughts. he said he could get jail time.. had use public defender to reverse his plea . gave local lawyer $500.00 make call pay fine keep off driving record.. i have no doubt your a up front lawyer .. man our court is one big mad dog circle just some good ol boys in Mo

 

[HeIsRisen2018]

Hey Runner, I've got another question for you. Do you know what the key factors are for a pro-bono lawyer deciding whether or not to take the case?

 

[Honey]

Did you know your now fiance' before he was incarcerated?

One key thing if arrested, no matter what, don't sign anything! Not even the property receipt when the staff at the jail take your personal property into their custody at intake. Nothing!
And whatever you do, don't get a public defender. They're paid by the same State that is prosecuting you. And in many cases, i.e. states not legal cases, the judge presiding over your trial is the one with the discretion as to the budget allotted that tax money paid public defender to defend your case. When the State that is prosecuting you has all the money in the world.
I told this lady that was afraid she was going to get arrested after she hit a guy who was publicly beating his child with his fists. If you have to mortgage your blood supply to afford a private lawyer do it. PD's serve a purpose but in a criminal trial when you know you're innocent, no way.

 

[HeIsRisen2018]

Yes, I've known him since high school. We were high school sweethearts. I love him so much and I miss him very much as well.

 

[Runner]

Hey Runner, I've got another question for you. Do you know what the key factors are for a pro-bono lawyer deciding whether or not to take the case?

Basically just that the client is genuinely unable to afford a lawyer and has a case that is worth the lawyer's time (meaning not hopeless). There is no magic formula. There really aren't "pro bono lawyers." Regular paid lawyers do pro bono work. In some states, lawyers are required to do a certain number of hours of pro bono work per year and report to the State Bar. In most states, lawyers are "encouraged" to do pro bono work but are not required. You just have to get the ear of one who is sympathetic to your fiancé's position and thinks he at least has a shot at getting his conviction overturned.

 

[HeIsRisen2018]

Basically just that the client is genuinely unable to afford a lawyer and has a case that is worth the lawyer's time (meaning not hopeless). There is no magic formula. There really aren't "pro bono lawyers." Regular paid lawyers do pro bono work. In some states, lawyers are required to do a certain number of hours of pro bono work per year and report to the State Bar. In most states, lawyers are "encouraged" to do pro bono work but are not required. You just have to get the ear of one who is sympathetic to your fiancé's position and thinks he at least has a shot at getting his conviction overturned.

Alright, thanks again for all of your help. I miss my baby so much and I just want him back. Please pray for me and that everything goes well. There's one more thing I want to know too. On April 15th I'm getting baptized. Would Joe be able to get excused leave for this? It's going to be on video no matter what I'm just curious.