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West Virginia Prison and Jail Specific Discussions This forum covers topics & discussions specific to Jails and Prisons located throughout the State of West Virginia.

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  #1  
Old 12-29-2017, 09:25 AM
Sadoldmom Sadoldmom is offline
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Default Framed!!! Now what??

My son is in Pruntytown. A guard brought him a letter from a person he did not recognize. He was the return address (As though he had mailed it) His last name was spelled wrong. He gave it back to the guard and said this is not mine. The letter was not opened as other mail is. He is not aware of enemies and said he has just kept his head down and tried to stay out of trouble while he's been there.

Guards came and went through his things. The said he is being charged with trafficking because the letter was supposedly him asking for suboxone, tobacco and other drugs to be thrown over a fence and saying he would pay for it through Western Union. He has no means of doing that. Only 3 or 4 people are even on his phone list. He never heard of the guy he supposedly wrote the letter to.

He was supposed to have parole hearing 1/10/18. Now he has a hearing for this fabricated trafficking charge on the 4th of Jan. he is not permitted representation. An inmate is assisting him to answer the charges at the hearing on the 4. He has right to appeal to the Commissioner of Corrections within 15 days. He asked me to call the warden. We are very afraid this bogus charge is going to prevent him from getting parole.

What can be expected from this hearing? Will criminal charges follow? Why is he not permitted an attorney?

Thanks for any advice,
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Old 12-29-2017, 09:52 AM
jadah jadah is offline
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I am sure this is very stressful for you. Unfortunately, these questions are better asked to your son's attorney that he had during his original case.

Based on the information you posted, there is no way to know what is to be expected from the hearing. We have limited information--only your side of your son's side of the story. This is so very terribly stressful. Not knowing and having no access to information is horrible.
Based on the information you posted and since we are not attorneys, we cannot answer. the questions you posed.
We can only be here to support you through this stressful time.
Perhaps someone else can shed a better light. But we just have limited information.
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Old 12-29-2017, 10:11 AM
Sadoldmom Sadoldmom is offline
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Default proof???

My son said. Look at the videos, do a handwriting analysis, fingerprint it, pull my phone records. So far just charges. No councilor. No advice. Its horrible!
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Old 12-29-2017, 10:32 AM
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Prison write ups and disciplinary actions are administrative only so no attorneys allowed. Think high school...you skip class, go to the principal's office and get detention or suspended...no attorney and no parent involvement. But of course, prison is much more severe. An attorney can't get involved unless/until there are outside charges pressed against him.

I'm sorry you are going through this.
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Old 12-29-2017, 10:52 AM
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I'm sorry you're going through this. As others have stated, no attorneys will be permitted and the lawyer that was with him prior to sentencing has no obligation to do anything further...and even if he did, he couldn't change a thing about internal disciplinary. Your son needs to be polite and try to remain calm through these proceedings. Remain steadfast that he had nothing to do with it. If initially found guilty he needs to appeal...and keep appealing.
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Old 12-29-2017, 10:57 AM
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This is why in some places it's really important not to advertise your hearing or release date. For whatever reason, some people delight in messing with your opportunity to be released. He doesn't have to make enemies, this could be completely based on someone getting a kick out of the drama. It's sick, as you now have to suffer the consequences of their boredom. Staff know this happens, they know it's a "thing". That may help him. But they have to go through the motions of investigation and a hearing.

I'm so sorry and I pray that his inmate rep is able to adequately help him prepare for the hearing. Please keep us updated.
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Old 12-31-2017, 09:32 AM
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Questions for lawyers. With the understanding that only general answers are possible and they may not apply.

Does it make a difference that this isn't just a prison administrative regulation being allegedly violated, but an allegation of something that is a crime?

Does he have a "liberty interest" legally? Even if nobody ever files charges, presumably there is good conduct time at stake.
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Old 12-31-2017, 04:02 PM
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Quote:
Originally Posted by Minor activist View Post
Questions for lawyers. With the understanding that only general answers are possible and they may not apply.

Does it make a difference that this isn't just a prison administrative regulation being allegedly violated, but an allegation of something that is a crime?

Does he have a "liberty interest" legally? Even if nobody ever files charges, presumably there is good conduct time at stake.
Just because something would potentially be a crime under State law does not mean the right to counsel attached for disciplinary purposes. Only if there is a reading of the rights and movement to file free-world charges do such come into play, just as with an original arrest in the community...

There is a liberty interest IF good-time is something that speaks to eligibility for release. At least here in the 5th Circuit, the courts won't touch litigation of a disciplinary sanction involving the loss of time credits except and unless they DIRECTLY impact a non-discretionary release. They are mixed on cases eligible for discretionary mandatory supervision...
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