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snowkoferl
Aug 3, 2008, 08:01 AM
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Ok, At this point I am just as confused in this as the rest of you, It is my brother that I am trying to help, and yes he can read, but like I said he has an eighth grade education and he does not understand everything. From what I am told by my brother that he was put on probation, and now he admits that he did not fulfill the terms of the probation, which is a given that he will have to serve jail time. It is very hard for me to explain exactly what he is telling me on the legal stand point due to he does not understand. I do know that he had an appointed DA from the court. They did not give him an interpreter to understand what they were saying and what the charges where He just signed the form given to him and told to sign,which like I said before I believe to be a guilty plea. Which at this point I feel that we are at a loss. But I know that as it reads in the rehabilitation Act, Title II of the ADA, that the court should have given him an interpreter so that he would be able to understand everything that was going on, cause lets face it, if someone has a handicap such as deafness, there should be help. I know that he will have to serve some jail time, but I am trying to get the sentence lowered due to him not having an interpreter, or am I shooting for the stars for no reason?And as I said before he was charged with larceny, and one of the charges that was filed is bogus due to we have proof of the money gift from a family member. We did get him a lawyer in the state of Mass, but I still need to know what my chances are for fighting for him as far as not having an interpreter, and if I can or the lawyer for that matter can find out if they provided him one and if we can prove negligence on the court. I did not mean to mislead anyone, but I am trying every option and if I have to play the guilty party at some point to try and get answers for him I guess that is my stupidity and choice. Smilies

Credendovidis
Aug 3, 2008, 08:15 AM
From your post I still do not understand why your brother required an interpreter. Does he speak another language at home, like Spanish or French?

If what you meant is that he does not understand what is happening in Court other than due to different language problems, is that not more a case for need of psychological assistance and review ? I am sure that a lawyer will be able to assist in that.

As to trying to review the sentence, why not go to the legal department of the nearest University, and ask them for advice?

Success with you and your brother.

:)