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.

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Originally Posted by Moe7

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.

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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

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Originally Posted by JudyKayTee

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.

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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

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Originally Posted by Moe7

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

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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.

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Originally Posted by JudyKayTee

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.

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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.

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Originally Posted by Fr_Chuck

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.

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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.

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Originally Posted by Moe7

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.

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

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Originally Posted by JudyKayTee

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

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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.

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Originally Posted by pdaher

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

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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 -

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Originally Posted by JudyKayTee

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 -

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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

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Originally Posted by 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

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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.

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Originally Posted by Moe7

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.

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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.

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Originally Posted by pdaher

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

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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.

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Originally Posted by Moe7

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.

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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.