My husband is currently serving a violation on POST RELEASE SUPERVISION. I don't know if anyone is familiar with the case that was recently won by a parolee stating that the judge did not state in court to post on his minutes that he had POST RELEASE SUPERVISION. The state automatically added it on to his sentence which he thought was in violation. Now the correctional facilities are releasing inmates directed by DOC that do not have PRS stated in their minutes by a judge. NOW, my husbands minutes CANNOT be found. I have written the court reporter, the judge, the administrative judge, and Albany stating that if the minutes cannot be found they have to go by his commitment papers. I have not received a response yet. This process has be going on since May 08. How do I go about filing a motion to have the courts produce him with the evidence being his commitment papers since they cannot find his minutes? What type of motion can we file for this? Any information will help. Thank you.

My husband is currently serving a violation on POST RELEASE SUPERVISION. I don't know if anyone is familiar with the case that was recently won by a parolee stating that the judge did not state in court to post on his minutes that he had POST RELEASE SUPERVISION. The state automatically added it on to his sentence which he thought was in violation. Now the correctional facilities are releasing inmates directed by DOC that do not have PRS stated in their minutes by a judge. NOW, my husbands minutes CANNOT be found. I have written the court reporter, the judge, the administrative judge, and Albany stating that if the minutes cannot be found they have to go by his committment papers. I have not received a response yet. This process has be going on since May 08. How do I go about filing a motion to have the courts produce him with the evidence being his committment papers since they cannot find his minutes? What type of motion can we file for this? Any information will help. Thank you.


I would not attempt a Motion without an Attorney and sound legal advice. You say Albany so you are in NYS - the Courts are not terribly warm and wonderful when presented with home made, fill in the blanks, Motions.

You can't keep submitting papers until you get it right, until they are satisfied, so I would go with an Attorney.

And, yes, I know the Decision you talking about. Your situation is somewhat different in that you (I guess) don't know what the Judge said, as opposed to knowing he/she said nothing. The Court steno would have the transcript if the Court does not.

Again - you will need an Attorney.

Hello Moe:

Judy is right on, of course. Doing law stuff is a lot MORE than filing the correct motions. You need someone who KNOWS what to do. If you can't find a street lawyer, there are some jailhouse lawyers who know their stuff.

excon

I would not attempt a Motion without an Attorney and sound legal advice. You say Albany so you are in NYS - the Courts are not terribly warm and wonderful when presented with home made, fill in the blanks, Motions.

You can't keep submitting papers until you get it right, until they are satisfied, so I would go with an Attorney.

And, yes, I know the Decision you talking about. Your situation is somewhat different in that you (I guess) don't know what the Judge said, as opposed to knowing he/she said nothing. The Court steno would have the transcript if the Court does not.

Again - you will need an Attorney.

FYI - The Court steno does not have the minutes. I contacted Albany directly and they also stated the minutes were not attached to his transcript. But thank you. I am trying to seek an attorney that will assist me pro bono. This is a big case and I don't want to mess up anything. Thank you all for your assistance.:D

FYI - The Court steno does not have the minutes. I contacted Albany directly and they also stated the minutes were not attached to his transcript. But thank you. I am trying to seek an attorney that will assist me pro bono. This is a big case and I don't want to mess up anything. Thank you all for your assistance.:D


The Court steno said he/she doesn't have the transcript (or her original tape)? I find this extremely hard to believe - not that this is what they said, that this is true.

I do believe the transcript is not attached but SOMEONE has the notes before they were transcribed.

The notes/tape are filed over here and the finalized transcript is filed over there and it is virtually impossible to lose both - unless the steno's office burns down and also the Courthouse.

Either someone is hiding something from you or something else is going on.

Those original notes are the only thing keeping the Court steno from being sued for malpractice.

The Court steno said he/she doesn't have the transcript (or her original tape)? I find this extremely hard to believe - not that this is what they said, that this is true.

I do believe the transcript is not attached but SOMEONE has the notes before they were transcribed.

The transcript is filed over here and the finalized transcript is filed over there and it is virtually impossible to lose both - unless the steno's office burns down and also the Courthouse.

Either someone is hiding something from you or something else is going on.

Those original notes are the only thing keeping the Court steno from being sued for malpractice.

I want to thank you for your knowledge of the "Note" information. I didn't know anything about the notes and when I brought that issue up to the Senior Court Reporter she got dumb founded and acted like SHE didn't know anything about the notes. I contacted Albany and was given some good information that I can't repeat but Thank you Albany! So I am going to work my way through the system until I can get some answers. Again, THANK YOU SO MUCH FOR YOUR INFORMATION AND KNOWLEDGE ON THE "NOTE" SITUATION.

First of course YOUR can't file any motion, you can help your husband prepare a motion, but only he has standing to file a motion in his case.
So remember that the motion has to come from him.

It is most liekly that the attorney will file a motion to have him released based on the fact that this is not recorded in court. It will then be up to the court to prove it was.

First of course YOUR can't file any motion, you can help your husband prepare a motion, but only he has standing to file a motion in his case.
so remember that the motion has to come from him.

It is most liekly that the attorney will file a motion to have him released based on the fact that this is not recorded in court. It will then be up tot he court to prove it was.


It wasn't that I was filing the motion. I was going to do all the paperwork. Go to see him so he can sign it and get it notarized and then send the paperwork to the appropriate people like I did his Article 78. That came back because why? He didn't have his minutes and the package was considered incomplete. But the good thing is I got the name of the Administrative chief judge to send my correspondence to now. And I got a response for an attorney that may work pro bono. I am hoping to find an attorney that will work pro bono because my husband has done two violations on the PRS thing. He wants to take it further than just this. Thanks.

It wasn't that I was filing the motion. I was going to do all the paperwork. Go to see him so he can sign it and get it notarized and then send the paperwork to the appropriate people like I did his Article 78. That came back because why? He didn't have his minutes and the package was considered incomplete. But the good thing is I got the name of the Administrative chief judge to send my correspondence to now. And I got a response for an attorney that may work pro bono. I am hoping to find an attorney that will work pro bono because my husband has done two violations on the PRS thing. He wants to take it further than just this. Thanks.


Will you come back and let us know how this works out?

Will you come back and let us know how this works out?

Most definitely. i'm hoping i could come to a resolution quick.

Contact Legal Aide in your area. Chances are you can get the motion written and filed for a small fee.

Contact Legal Aide in your area. Chances are you can get the motion written and filed for a small fee.



Legal Aid in many States does not handle criminal work - that's the job of assigned counsel or public defender programs. Also, it depends on income. In many States it is either free of charge or they don't represent you - in many States there is no sliding scale for fees.

Curious to know what State Pdaher is in -

Legal Aid in many States does not handle criminal work - that's the job of assigned counsel or public defender programs. Also, it depends on income. In many States it is either free of charge or they don't represent you - in many States there is no sliding scale for fees.

Curious to know what State Pdaher is in -

I looked on the computer and wrote legal defense lawyers that came up as pro bono work with the hopes that they will help me. I contacted Albany yesterday and they sent out another follow up letter to the first letter they sent out. I also found out that the minutes/notes are sent to a big warehouse in Rochester, New York. But I wrote another letter to the Senior Court Reporter asking her to do her job and find out where the minutes/notes are. I know that I am an outsider helping my husband but with the paper trail when we take this matter further will help us a great deal. And with all of your guys advise, I am following the chain of events and just working it myself. But Legal Aid will not help but they are good for referring someone to someone else by using a sliding scale. I just have to sit back and wait. My thing is they are going to procrastinate until my husband is released in October and think that he is going to forget about it. But the PRS is the only thing that is holding us back. He already completed his 7 year bid that was sentenced to him. So we are going to pursue it. You will read about it in the papers by next year. But again, thank you all for your advise. I do take the advise and run with it hoping someone will hear my pleads for help. Thanks again.

Hello m:

Why don't you try to put THEM on the defensive? File a habeas corpus petition based upon the minutes as YOU remember them. THEY will be required to produce them to refute your allegation - I hope.

excon

Hello m:

Why don't you try to put THEM on the defensive? File a habeas corpus petition based upon the minutes as YOU remember them. THEY will be required to produce them to refute your allegation - I hope.

excon
We tried doing that on another issueand by time they got to us, I got help from the legal aid society and they cleared it up. They are still sending letters to my husband pertaining to the habeas thing. It has already been dismissed.

I looked on the computer and wrote legal defense lawyers that came up as pro bono work with the hopes that they will help me. I contacted Albany yesterday and they sent out another follow up letter to the first letter they sent out. I also found out that the minutes/notes are sent to a big warehouse in Rochester, New York. But I wrote another letter to the Senior Court Reporter asking her to do her job and find out where the minutes/notes are. I know that I am an outsider helping my husband but with the paper trail when we take this matter further will help us a great deal. And with all of your guys advise, I am following the chain of events and just working it myself. But Legal Aid will not help but they are good for referring someone to someone else by using a sliding scale. I just have to sit back and wait. My thing is they are going to procrastinate until my husband is released in October and think that he is going to forget about it. But the PRS is the only thing that is holding us back. He already completed his 7 year bid that was sentenced to him. So we are going to pursue it. You will read about it in the papers by next year. But again, thank you all for your advise. I do take the advise and run with it hoping someone will hear my pleads for help. Thanks again.


I KNEW they were stored somewhere - good for you. Keep on keeping on and keep us up to date.

FYI, you can file a motion in any case as a third party or simply as a movant.

FYI, you can file a motion in any case as a third party or simply as a movant.


How do I file a motion as a third party. I file the Article 78 as normal but put my name on it. I'm confused with that part.

How do I file a motion as a third party. I file the Article 78 as normal but put my name on it. I'm confused with that part.


I forgot - What is a Movant?

Every case has a Plaintiff(s) and a Defendant(s). A movant is someone who is filing a motion that contains information relevant to the case. Motions are documents that ask the court to do something, so a movant is someone who is asking the court to make a decision based on request made in the motion. Motions must be supported by a brief which supports the request made in the motion by referring to the legal Rules and Regulations of the court. A third party is someone who is filing a document in support of the plaintiff or defendant. i.e. Third-Party Plaintiff or Third Party Defendant who might want to be considered part of the case by the court. If you write a motion, put the case title on it and add your name under your husband's and title yourself movant. I would file a motion for modification of sentence or you could try to file an appeal of the habeas corpus petition decision.

Every case has a Plaintiff(s) and a Defendant(s). A movant is someone who is filing a motion that contains information relevant to the case. Motions are documents that ask the court to do something, so a movant is someone who is asking the court to make a decision based on request made in the motion. Motions must be supported by a brief which supports the request made in the motion by referring to the legal Rules and Regulations of the court. A third party is someone who is filing a document in support of the plaintiff or defendant. ie Third-Party Plaintiff or Third Party Defendant who might want to be considered part of the case by the court. If you write a motion, put the case title on it and add your name under your husband's and title yourself movant. I would file a motion for modification of sentence or you could try to file an appeal of the habeas corpus petition decision.


This is non of my business, but how do you know how to do all these things? I mean you told me from point A to point Z what to do. But thank you for the insight. I will be typing this up for my husband this afternoon, after work.

Every case has a Plaintiff(s) and a Defendant(s). A movant is someone who is filing a motion that contains information relevant to the case. Motions are documents that ask the court to do something, so a movant is someone who is asking the court to make a decision based on request made in the motion. Motions must be supported by a brief which supports the request made in the motion by referring to the legal Rules and Regulations of the court. A third party is someone who is filing a document in support of the plaintiff or defendant. ie Third-Party Plaintiff or Third Party Defendant who might want to be considered part of the case by the court. If you write a motion, put the case title on it and add your name under your husband's and title yourself movant. I would file a motion for modification of sentence or you could try to file an appeal of the habeas corpus petition decision.


A person unrelated to a case cannot make a motion - I, for example, could not make a motion in your case. You must have legal standing.

The term movant, more an old English, old English law thing, is not used terribly frequently but it is used in place of "The Plaintiff" or "The Defendant." It is generally avoided in favor of TP/TD because it eliminates the need to keep going back and forth to see who made the motion and who is answering.

I am not certain if OP has legal standing in this matter - she could certainly check with the Court but these are tricky documents and if she is going to get one bite at the apple she had better be 100% certain she is 100% correct and crosses her "t's" and dots her "i's."

I would stick with the pro bono Attorney or someone the Bar Association uses for referrals at a reduced price.

Dangerous ground to be walking if you are not an Attorney and OP does most definitely want to ruin her one and only chance at this but not covering all the bases or being legally insufficient.

Hello again, Moe:

Looks to me like he's a lawyer. We have a few around here. But, those procedures aren't a secret that only lawyers know. They're written in the rules. You too can obtain a copy of the rule book. Since you're going to be filing motions, I would.

You can probably buy it at your local college bookstore. It'll be called "Rules Of Criminal Procedure, for xxx Court". It's a little heavy, but I believe you can get it rather easily.

excon

PS> (edited) I think Judy is right. YOU don't have standing... But, your husband does. Write your motions in HIS name. Send him a copy for signature. YOU can certainly file it for him.

Hello again, Moe:

Looks to me like he's a lawyer. We have a few around here. But, those procedures aren't a secret that only lawyers know. They're written in the rules. You too can obtain a copy of the rule book. Since you're going to be filing motions, I would.

You can probably buy it at your local college bookstore. It'll be called "Rules Of Criminal Procedure, for xxx Court". It's a little heavy, but I believe you can get it rather easily.

excon


Poster may be an Attorney - says 24 years in the legal system and no longer likes/trusts Attorneys - but his/her info has been consistently incorrect, particularly when it comes to real estate.

Purchasing the books and rules is an excellent idea - I also wonder if OP has contacted the ACLU - ? I've seen them jump on these cases, foaming at the mouth to get revenge. It's a thought.

Just a heads up! :D

A person unrelated to a case cannot make a motion - I, for example, could not make a motion in your case. You must have legal standing.

The term movant, more an old English, old English law thing, is not used terribly frequently but it is used in place of "The Plaintiff" or "The Defendant." It is generally avoided in favor of TP/TD because it eliminates the need to keep going back and forth to see who made the motion and who is answering.

I am not certain if OP has legal standing in this matter - she could certainly check with the Court but these are tricky documents and if she is going to get one bite at the apple she had better be 100% certain she is 100% correct and crosses her "t's" and dots her "i's."

I would stick with the pro bono Attorney or someone the Bar Association uses for referrals at a reduced price.

Dangerous ground to be walking if you are not an Attorney and OP does most definitely want to ruin her one and only chance at this but not covering all the bases or being legally insufficient.

Thank you girl. I am still waiting for the responses from the pro bono attorneys anyway. But I did the Article 78 for him before. I am just going to copy the old one to the new one and then file it like I did under the Application to proceed as a poor person and waive the court fees. That's how I did it before and will do it that way again.

Wow! You guys have helped me a lot. Thanks!

Hello again, Moe:

Looks to me like he's a lawyer. We have a few around here. But, those procedures aren't a secret that only lawyers know. They're written in the rules. You too can obtain a copy of the rule book. Since you're going to be filing motions, I would.

You can probably buy it at your local college bookstore. It'll be called "Rules Of Criminal Procedure, for xxx Court". It's a little heavy, but I believe you can get it rather easily.

excon

PS> (edited) I think Judy is right. YOU don't have standing.... But, your husband does. Write your motions in HIS name. Send him a copy for signature. YOU can certainly file it for him.


That's what I did before. I went to visit him and they had a notary there. Called us off the visit and had him sign the papers in front of the notary. I mailed them June 16 and he got a response July 12 that the papers were incomplete due to his minutes missing. So I am going to do the same thing. I am going up there on August 8 and they will be mailed August 11. We will probably be on the calendar before Augut 31.

Thanks for looking out as far as the "Rules of Criminal Procedure" I appreciate that. I will be there at the book store looking for that book too. Thanks.

This is non of my business, but how do you know how to do all these things? I mean you told me from point A to point Z what to do. But thank you for the insight. I will be typing this up for my husband this afternoon, after work.

I'm a retired employee of the Federal Courts.

That's what i did before. I went to visit him and they had a notary there. Called us off the visit and had him sign the papers in front of the notary. I mailed them June 16 and he got a response July 12 that the papers were incomplete due to his minutes missing. So I am going to do the same thing. I am going up there on August 8 and they will be mailed August 11. We will probably be on the calendar before Augut 31.

Thanks for looking out as far as the "Rules of Criminal Procedure" I appreciate that. I will be there at the book store looking for that book too. Thanks.



I am the first person to complain when somebody turns a legal thread personal. Having said that - and bracing myself for the possible criticism -

I am absolutely not joking here - this is a very sincere compliment. First, your husband should be proud. Not only are you standing by, you're doing more than 100%.

Second - I don't know where you work, what you do - but you really should be doing something in an investigative or paraprofessional legal field. You really should. Research is hard work; understanding research is even more difficult; having the guts to pursue something when you're in a "strange land" is - well, amazing!

I advise people all the time to think carefully before the take on a credit card company because they get up to their hips, don't do their own research, question and argue at every turn in the road - and then in the end after all the energy and time - they give it up.

My hat is off - no joke and honestly! It takes a lot to impress me and I truly am impressed.

I'm a retired employee of the Federal Courts.


In what capacity? My stepdaughter was a Federal Judge's Clerk in law school and had 100% understanding of all facets of the law (as it pertained to US and Pennsylvania).

In what capacity? My stepdaughter was a Federal Judge's Clerk in law school and had 100% understanding of all facets of the law (as it pertained to US and Pennsylvania).

I was an Administrative Assistant in the Clerk's Office for a while, worked as a Clerk for three different Judges and two Magistrate-Judges, was a Resident Deputy in one of the divisional offices, worked at the Administrative Offices in DC, taught classes at the San Antonio Training Center and also worked in Pretrial Services, Probation and the US Attorney's Office.

I was an Administrative Assistant in the Clerk's Office for a while, worked as a Clerk for three different Judges and two Magistrate-Judges, was a Resident Deputy in one of the divisional offices, worked at the Administrative Offices in DC, taught classes at the San Antonio Training Center and also worked in Pretrial Services, Probation and the US Attorney's Office.


Wow - I worked a US law enforcement agency for 10 years; also have worked County Pretrial Services.

When I worked enforcement I got transferred all over, that's why I left. Got sick of "have gun, will travel." My best friend is still "in" but she transferred to a desk job some time ago.

I am the first person to complain when somebody turns a legal thread personal. Having said that - and bracing myself for the possible criticism -

I am absolutely not joking here - this is a very sincere compliment. First, your husband should be proud. Not only are you standing by, you're doing more than 100%.

Second - I don't know where you work, what you do - but you really should be doing something in an investigative or paraprofessional legal field. You really should. Research is hard work; understanding research is even more difficult; having the guts to pursue something when you're in a "strange land" is - well, amazing!

I advise people all the time to think carefully before the take on a credit card company because they get up to their hips, don't do their own research, question and argue at every turn in the road - and then in the end after all the energy and time - they give it up.

My hat is off - no joke and honestly! It takes a lot to impress me and I truly am impressed.


Well thank you very very much JudyKayTee. I appreciate that. Your compliment just makes me push more. For a little FYI, I work in a law firm. I am a legal secretar for an Arbitration Judge. Nothing to do with criminal. They don't even have that department in the office. Everything I know, I taught myself. The attorney's here do not want to give you any insight. And the paralegals, they help but without the criminal background there is only so much they can do. So I search the website and print out everything and read, read, read. Then when I come into the sites like this one, it is just more knowledge for me to absorb because I love it. It's a high for me to speak and accomplish something to the ones that are higher up. They wouldn't think that I know the law or a person rights. I read the law journal newspapers that come through here. Criminal information intrigues me. But yes, again, I have to thank you on your compliment. I printed what you typed and hung it up at my desk. That just makes me strive more and more to get him home sooner. :) THANK YOU:)

Well thank you very very much JudyKayTee. I appreciate that. Your compliment just makes me push more. For a little FYI, I work in a law firm. I am a legal secretar for an Arbitration Judge. Nothing to do with criminal. They don't even have that department in the office. Everything I know, I taught myself. The attorney's here do not want to give you any insight. And the paralegals, they help but without the criminal background there is only so much they can do. So I search the website and print out everything and read, read, read. Then when I come into the sites like this one, it is just more knowledge for me to absorb because I love it. It's a high for me to speak and accomplish something to the ones that are higher up. They wouldn't think that I know the law or a person rights. I read the law journal newspapers that come through here. Criminal information intrigues me. But yes, again, I have to thank you on your compliment. I printed what you typed and hung it up at my desk. That just makes me strive more and more to get him home sooner. :) THANK YOU:)


You just keep pushing - he's a lucky man (and I mean that sincerely).

And it's all just a learning process, learning curve and caring about what you're doing makes all the difference in the World.

You just keep pushing - he's a lucky man (and I mean that sincerely).

And it's all just a learning process, learning curve and caring about what you're doing makes all the difference in the World.


Hey, hey hey. You made me sit back during lunch and drop a tear. Don't make me do it again. Not too many people know my capabilities are. I love to learn so to me this is a challenge. I'm loving it. I hope when my husband reads all these typings, he would know what I want through to get him home to me and the kids.

Hey, hey hey. You made me sit back during lunch and drop a tear. Don't make me do it again. Not too many people know my capabilities are. I love to learn so to me this is a challenge. I'm loving it. I hope when my husband reads all these typings, he would know what I want through to get him home to me and the kids.


He'll know -