Chevyman429
06-10-2005, 06:29 PM
Medical Reasons/Incompetent Defense
Hello,
In short I need to be able to site some case where a probation violation conviction was either appealed or had a sentencing change because I did not complete my probation requirements do to medical conditions. Also some help with incimpetent defense because my attorney didn't call my doctor or any of my Home Health care nurses. Also, my PO told the court I didn't tell her how serious my condition was and never recieved any information from my doctor about my condition. I have a tape recorded message on my answering machine with her stating "I got your message and your message from the doctor but that doest take away the warrant and you will have to take care of this when you are healthy enough" and that was NOT given as evidence.
I will try to sum this up as good as possible. I was put on probation for 2yrs and was to attend court order classes for 2yrs. I did everything I was suppoesed to do for right at 1 yr.
Ater the first year was up, I had to go to the hospital for surgery for skin grafts dues to pressure sores (I am in a wheelchair and prone to pressure sores) When I got out of the hospital I was ordered to bed rest by the doctor and not to leave my house. I was also recieving Home Health care from Medicare which REQUIRES me to be home bound in order to recieve Home Heal care per Federal regulations my Medicare!
I informed my probation officer and se let me do that for 2months. My wounds were not healing as fast and She wanted so the 3 month she revoked my probation and issued a warrant for my arrest. I called her and my Doctor called her to inform her I was still ar my home in bed rest. She did not care and told me that "I would have to take care of the warrant when I was healthy enough".
The local Sheriffs Dept came to my house to serve the warrant. They seen my medical condition and said they would not serve the warrant while I was in that condition.
Well my condition got worse and over the next almost 2 years I had 4 more surgeries for skin grafts and was ordered to bed rest the entire time and was not able to complete my probation requirements.
I eventually did have 2 officers that did sever the warrant before I was out of the doctors care. I had to go to court for my hearing which I understood was a preliminary hearing and not the actual trial. I was completely DUMD STRUCK!!
My lawyer didn't have any of my medical record submitted or what I consider was key evidence of of my probation officer lieing. My probation was revoked and I was sentenced to 2yrs prison.
The judge scolded me for not informing my probation officer on my medical condition. I did do that and I have a tape recored message from my PO on my answering maching with her saying "I got your message and your message from the doctor but that doest take away the warrant and you will have to take care of this when you are healthy enough"
I hired a new attorney to present the new evidence and the judge held a hearing to see if he would consider the motions for a new trial, incompetent defense, and stay of sentencing. He again scolded me for not simply informing my PO of of my medical condition and for "talking the cops out of serving the warrants" when I was ordered to bed rest and over ruled all the motions.
My attorney is working on a something now but isn't hopeful. We need to be able to site some case where the an Appeal or a sentencing was change because of the probation was revoke for medical reasons or any cases when the sentence was chaged because it would cost the state too much money to keep me incarsurated because of my medical needs!
Can anyone HELP PLEASE!! I am leaving for prison in 10day!
Hello,
In short I need to be able to site some case where a probation violation conviction was either appealed or had a sentencing change because I did not complete my probation requirements do to medical conditions. Also some help with incimpetent defense because my attorney didn't call my doctor or any of my Home Health care nurses. Also, my PO told the court I didn't tell her how serious my condition was and never recieved any information from my doctor about my condition. I have a tape recorded message on my answering machine with her stating "I got your message and your message from the doctor but that doest take away the warrant and you will have to take care of this when you are healthy enough" and that was NOT given as evidence.
I will try to sum this up as good as possible. I was put on probation for 2yrs and was to attend court order classes for 2yrs. I did everything I was suppoesed to do for right at 1 yr.
Ater the first year was up, I had to go to the hospital for surgery for skin grafts dues to pressure sores (I am in a wheelchair and prone to pressure sores) When I got out of the hospital I was ordered to bed rest by the doctor and not to leave my house. I was also recieving Home Health care from Medicare which REQUIRES me to be home bound in order to recieve Home Heal care per Federal regulations my Medicare!
I informed my probation officer and se let me do that for 2months. My wounds were not healing as fast and She wanted so the 3 month she revoked my probation and issued a warrant for my arrest. I called her and my Doctor called her to inform her I was still ar my home in bed rest. She did not care and told me that "I would have to take care of the warrant when I was healthy enough".
The local Sheriffs Dept came to my house to serve the warrant. They seen my medical condition and said they would not serve the warrant while I was in that condition.
Well my condition got worse and over the next almost 2 years I had 4 more surgeries for skin grafts and was ordered to bed rest the entire time and was not able to complete my probation requirements.
I eventually did have 2 officers that did sever the warrant before I was out of the doctors care. I had to go to court for my hearing which I understood was a preliminary hearing and not the actual trial. I was completely DUMD STRUCK!!
My lawyer didn't have any of my medical record submitted or what I consider was key evidence of of my probation officer lieing. My probation was revoked and I was sentenced to 2yrs prison.
The judge scolded me for not informing my probation officer on my medical condition. I did do that and I have a tape recored message from my PO on my answering maching with her saying "I got your message and your message from the doctor but that doest take away the warrant and you will have to take care of this when you are healthy enough"
I hired a new attorney to present the new evidence and the judge held a hearing to see if he would consider the motions for a new trial, incompetent defense, and stay of sentencing. He again scolded me for not simply informing my PO of of my medical condition and for "talking the cops out of serving the warrants" when I was ordered to bed rest and over ruled all the motions.
My attorney is working on a something now but isn't hopeful. We need to be able to site some case where the an Appeal or a sentencing was change because of the probation was revoke for medical reasons or any cases when the sentence was chaged because it would cost the state too much money to keep me incarsurated because of my medical needs!
Can anyone HELP PLEASE!! I am leaving for prison in 10day!