I was denied visitation to see my husband. I was arrested on a misdemeanor charge, from which I was booked and released the same day on my OR. I was given a court date. And I was told depending on if a case is filed, or not- I may or may not have to appear on the date. I hired an attorney to handle my arrest/ the possibility of a case. My lawyer never appeared in court because there was no case brought against me. He informed me the DA did not file a case on the charge, but could for one year.

On my visiting questionnaire, I disclosed the arrest. I consulted my attorney regarding the disposition answer. He advised me to answer "No charge filed" He said there was no disposition, or dismissal. A case was not filed, and the only record was the arrest record.

I sent my application after carefully, and truthfully answering everything. And confirming whether or not there was any documentation that I could submit along with the application. I thought or hoped everything would be all right...And then nearly two months later I received a, NOTICE OF DENIAL---- from my husband! Two weeks after their decision, my husband was informed that not only I was denied, but that I had been sent a letter informing me of this...two weeks prior to his notification. He called me freaking out, but I hadn't received the letter yet...it was three days after his call that I actually got the letter. The letter was dated nearly three weeks before it was mailed.

It stated that I am required to provide a certified copy of the disposition, and or minute order. Which I can obtain from the court in the county of my arrest.

OK...These documents do not exist. I was arrested, on a charge, but never convicted, nor was there even an appearance in court regarding my charge. There is a police report, and arrest record. Should I obtain these?

My attorney is currently assisting me in handling the appeal. He was a bit peeved at how ridiculous it is. And I agree! Has anyone faced this problem? If so, what was your appeal response?

Thanks!

Since you already have an attorney, I'd have him either draft a letter or call directly to the visiting Sgt. and explain it to them like you did to us.

Thanks for your response, it is reaffirming. My attorney wanted to call, but I didn't think that would go over so well. I thought any response/appeal need be in writing. My attorney is writing a letter on my behalf. I hope that will be sufficient. It appears that quite a few are denied initially. Yet, I couldn't find any posts with my situation. If anyone has been denied for the same reason, I am curious as to the end result. Please!

Also, has anyone called a the Visiting Sgt? Or had an attorney call on their behalf? It is so hard to get a hold of a live person at my husbands prison. Twenty calls later you may speak with a person...( that is after being hung up on each time you pick the wrong extension, or if no one answers.) FRUSTRATING! I got the run around each time I spoke to someone. Not to mention the voicemail information was outdated. ( I complained...they were seemingly clueless.) I gave up on the phoning the prison. I think that is their hope.

Get Whatever You Can That Will Clearly Say That You Werent Charged For This Offense. Whenever Youre Arrested, Wether Youre Charged Or Not, There Is Something That Is Documented. So Something Should Also State That You Were Released And Not Charged. Get Whatever You Can And Send It In Next Time You Apply. I Wish You Well.

4Ever ~
Sorry you're going through this. I have gone through it myself so I know 1st hand how you are feeling. :argh: Prior to this denial I had been approved at 3 different facilities over a 10 yr period without even a mention of this arrest and didn't realize it was even on a data bank since it had happened almost 20 yrs ago! :confused: Like you, there was never a case filed with the court & my atty handled it. :clap: I went to the clerk of the court (quicker by far than through the Dept of Justice) and the clerk gave me a document that stated there was no record of any case for that time period with my name & DOB. I checked with the City/District Atty's office & they no longer had any records either. Apparently all arrests :cuffs: are reported to the Dept of Justice which is why these things show up on our record. Going through the DOJ takes awhile and is a pain, so I sent the court doc back to the facility with my appeal :bow: request. They then found another excuse for denying me! :cry: :cry: :cry: :mad: :angry: They said I have a felony conviction! :confused: Not true! :nono: An arrest, yes, :yes: conviction, no :no: . This has been going on for a year and a half now! :mad: Hopefully I will have it resolved once & for all very soon as the case should be dismissed shortly :blah: & hopefully I will finally be able to see my guy :love: at long last. I also talked :help: to the Visiting Sgt, Lt. Capt, Ombudsman etc. & got nowhere :rolleyes: and yes, the phones are a nightmare! :( CDCR is a nightmare period! :argh: Bottom line is if they are hell bent on messing with your loved one by not letting you in, they will through denying you for visits for every reason they can think of, valid or not. :mad: :angry: It's very frustrating :( but don't give up! :nono: : It's just the way CDCR is! :rolleyes: Some facilities are worse than others just as some COs are bad and some are good, some rules are enforced and some only when convenient. :hmm: Welcome to the wonderful world of CDCR! :D ;) Good luck and don't get discouraged! Remember,:idea:this too shall pass! :thumbsup: Hope this answers some of your questions. :wave:
:dance: :yay::dance::yay::dance::yay::dance: :wave:

I ended up getting the arraignment sheets that my attorney originally sent the court. The court sent back the document eight months ago with "no case." My attorney resubmitted the arraignment document to the court when I was denied (just to be sure nothing was pending,) and still "no case." I sent that certified, return receipt with a letter from my attorney, a long with my own response...I have been waiting ever since my little green post card came back... Thursday is the deadline...for a response. At least that is what I read, two weeks? Has anyone received their appeal response within the two week time frame? Even if it was another denial?

I am praying....I miss him sooooooooo much.

Great news! My hubby called this afternoon (always a "YEAH!) He asked if I had received any word on my appeal, but I hadn't. Then surprise, surprise...my phone rang that evening, and it was my hubby again (as if twice in one day wasn't wonderful...) Someone gave him their time slot on the phone so he could call me to tell me....I'M APPROVED! YEAH! YEAH! YEAH! I am soooooooooooooo ooooooooooo ooooooooooooooooo happy. I am also sooooooooooo ooooooo nervous. I haven't seen him in five months... haven't touched him in eight.... nerves. nerves. nerves. tears of joy...anxiety. I am filled with a wide range of emotions. FINALLY THANK YOU CDC! I was so worried that I would get a run around...my prayers were answered.

I remember that feeling! I was so afraid that something would go wrong at the last minute. Let me tell you, it stops the minute he is in your arms and not a minute before! Congrats on getting through the paperwork circus!!!

Im glad to get to see ur hubby! Thats great news!

God Is Good! I'm Happy For You!