Chapter 15
A Few Legal Matters
The vast
majority of inmates come in with a problem or legal surprise that could have
been taken care of with a brief meeting with their attorney.
All they needed was to ask their attorney to handle some routine
paperwork.
This
chapter is not a complete list of things that may need to be taken care of, but
it is a start.
DETAINERS
Detainers
are pending charges or indictments by the state or local D.A.
You many not even be aware of them.
You may think that they were already dropped.
Surprise!
Have your
attorney thoroughly check to make sure there are absolutely, positively no
pending charges. If you were
indicted by the state or local authorities have your attorney get
verification in writing any and all
pending charges and indictments have been dropped!
After you
attorney has verified this, have him do it again.
Make sure there are no warrants or anything else that may cause a
detainer in the criminal system.
Failing to
have all this cleared up will cause you and your family an incredible amount of
heartache as well as more legal expenses. It may also mean the difference
between a camp and a low or higher level of facility.
If you have
to go back to court you will be required to use the Federal Correctional
Transportation System. (See diesel therapy for more details in Chapter 13.) Not
pleasant.
LEGAL SEPERATION AND
CHILD SUPPORT
You may
find some financial protection from the government by legally separating.
You need to meet with your attorney on this matter.
You can be
legally separated but your spouse and children have full visitation privileges.
You can still keep your wedding ring.
DRUG TESTING
If you’ve
haven’t used drugs or alcohol in the past 5 years your attorney can ask the
judge to waive drug testing during probation.
It doesn’t mean your probation officer can’t ask for a drug test, just
they won’t have to. It is a small
thing but one less inconvenience.
LOCATION
You can ask
the judge to ask the BOP that you be sent to a specific facility.
The BOP does not have to grant it.
But the judge does carry a little weight.
RDAP
Participants in the Residential Drug Alcohol Program are eligible for up to a
year off plus six months halfway house.
The terms and qualifications are always changing but in most cases if you
have an enhancement for gun charges, environmental hazard, public safety, or
manslaughter you don’t qualify.
Get your
attorney to ask the judge to recommend you for the program.
Once again the BOP does not have to grant it, but it doesn’t hurt.
VICTIM/WITNESS
NOTIFICATION PROGRAM
If you have
court ordered restitution to a victim or witness that fear (no matter how
unreasonably) retribution from you, the prosecutor can flag you for VWNP.
Your
attorney will probably not know about this secret program.
The prosecutor will probably stonewall answering questions about it.
If you are
sent to a camp it will limit the jobs you can be assigned and dramatically
reduce your chances for a furlough.
It is worth
a try to get this flag removed before you report.
Financial Responsibility
Program
If you are
ordered to pay restitution on a large fine ask the judge to set the payment rate
at $25 per quarter while incarcerated.
If you don’t then you will be penalized if your family sends you money.