starzzmom
03-09-2005, 10:50 PM
Does anyone know how long a response for an appeal on a ticket takes?
Is there a good chance they will grant him the appeal and change the punishment?
abgirl
03-10-2005, 11:57 AM
Hi starzmom,
For my fiance's experience he recieved a tier 3 ticket and it landed him 60 days. he recieved the decision maybe one week after he completed his time in the box they ruled in his favor but because he went to the box he still was move to a facility near the box location which that stinks b/c now its a 4hr ride to see him.
quietstorm
03-11-2005, 06:59 PM
Thread below (How Tier 3 tickets are processed) should explain more in details on what abgirl is referring to...
http://www.prisontalk.com/forums/showthread.php?t=109584
NYYankee
03-13-2005, 08:24 AM
We won an appeal on a tier 3 ticket and it took three tries and by the time it was resolved he already did his 120 days in the box and was moved farther away. It's worth it to have the ticket removed from his record. Don't take "no" for an answer the first time they deny you, keep at em"!
Good luck !
starzzmom
03-13-2005, 02:07 PM
thank you! He already had one denial, and he is working on the next appeal. I'm sure he will be done with his time, by the time he gets his appeal. He only got 105 days. But if it well get it removed from his record, that will make it worth it.
amstaffdad
03-22-2005, 05:52 AM
Guess i am going to jump on this subject so i hope people take the time to read this. Appeals to disciplinary tickets are very important to do and pursue even after serving the time in the box. Tell ya why. You go to parole board they wanna know why it happened and is ammo to use against you. Same goes for anything else you want to do the rest of your time there. So if you are going to get tickets at least prepare yourself for your hearings cause being unprepared is how you lose em. Think a dirty urine means a man is guilty?
Probably yes, but i helped many men beat them in there know why? because not only do you have the guilt or inocence in these hearings you also have the question of a full and fair hearing as well as the right to present and prepare a defense.
So word to the wise, be prepared before going into hearing. Ask for documents records and anything else you think ou can use to defend yourself in the hearing. Fight for them rights and object when denied. Cause for the most part they always find guilt in them heatrings i seen it day in day out. Making them objections is what majkes them reverse these findings of guilt and importantly makes them expunge them from inamte records (erases them like it never happened).
Be creative in what you ask for too here is an example for a tier three urine test failure. They call in a co whoi says he performed your urine test according to department riules and regs and according to manufacturer of machines guidelines. Know what i requested? A copy of both. Guess what . . DENIED. Know why? cause they dont want you to know how they do it so you can figure out how to beat em. But fundamentally they violated your right to prepare and present a defense. So in hearing you have to make that specific objection.
Naturally I made 56 of these objections in a two and a half hour tier three hearing was found guilty and served 90 days for my first offense, but after this finding I appealed to the Commisssioner, and then filed an article 78 proceeding. Once my article 78 hit the attorney generals desk I recieved mysteriously a n administrative reversal from DOCS in Albany restoring all rights and expunging.
Know why? They dont want case law where they actually have to state that the state violated my rights to them manuals. Why? To deny inmates knowledge on preserving and protexcting that ultimate right to freedom. Hopee this helps more than one!
NYYankee
03-22-2005, 08:29 PM
Excellent advice Amstaffdad. My husband objected all the way through the hearing and then used the tape recordings in his appeal.
starzzmom
03-23-2005, 09:19 PM
Amstaffdad, Great advice! I will send it on to my hubby, and hopefully it will work for him. Thank you!
jeffsprincess
03-23-2005, 10:07 PM
Ive been wondering how things have been going for you. Amstaffdad has some great and very important points. I would definetely send this!
starzzmom
03-23-2005, 10:51 PM
Hey Jeffs! Thanks for thinking of me. I'm trying to get thru this but it is HARD. I just finished writing him and copied and pasted that info into the letter. i hope he does it.
jeffsprincess
03-23-2005, 10:54 PM
I hope he does it too. I really think it might work!!! Good luck and keep us posted!!!!