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  #1  
Old 01-08-2018, 01:06 PM
Sirena_90 Sirena_90 is offline
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Default Sirena - need attorney and other help

Hello yourself. I was wondering if we could talk. I'm sure you have a lot of people asking but I've seen some of your threads and posts and....well let's just say Idk where else to go right now =( please pm me. I would appreciate it so so much. Thanks

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In the US, all states have some form of Legal Aid. Legal Aid is the civil side of the public defender's office. Unlike the PD, the funding for Legal Aid doesn't come from taxes, but from the state bar and other groups dedicated to providing services for indigents.

Just because a LO is in prison doesn't mean he doesn't qualify for Legal Aid. Anybody who has a civil case, who meets the income requirements qualifies. Examples of civil cases routinely taken by Legal Aid include:
* divorce/custody/support agreements
* landlord/tenant disputes (yes, an inmate can still have a dispute with a landlord, especially about security deposits and the like)
* credit matters
* bankruptcy
* wills/POAs/advanced directives
* psychiatric advanced directives (in states where they're relevant)

Civil cases that allow attorneys to recover upon the recovery of the Defendant generally are not Legal Aid cases. These include
* medical malpractice
* Social Security denials
* product liability
* 1983 actions

It should be noted that Legal Aid has taken some major financial hits over the last decade, reducing staff, hours, and locations of operations. As law firms and lawyers are hit by the economy, Legal Aid is hit, and attorneys are not able to cover as many clients as we'd like.

Generally, the PD is the indigent defense for all criminal cases and cases where your liberty is at risk. So, felonies, misdemeanors, civil commitments, direct appeals will usually get you the PD if you qualify financially. Ordinance violations do not entitle you to a PD because your liberty is not at stake.

When it comes to criminal post conviction relief beyond the direct appeal, you are extremely limited if you are indigent. If you're not facing a ton of time, you can pretty much forget about finding anybody who'll handle your matter for free. (Look at it this way - it's usually 2 years to get your direct appeal denied, then any subsequent appeal started immediately after the direct appeal will take an additional 2 years minimum. When time and resources are limited, an attorney taking a pro bono case would much rather offer relief to the person facing decades or more in prison than somebody who's getting out next week. Sorry, fact of life. Pro bono appeals are arduous affairs and produce no income. My mechanic could care less how many pro bono clients I have - he wants to be paid. So does the plumber, the doctor, the electrician, my paralegal, etc).

Innocence projects are a good source for indigent post conviction defenses based on claims of innocence. Some handle over-charging as well. You need to recognize that the volume of requests each Innocence Project gets is HUGE. You can't just write a letter saying, "I'm innocent! Defend me," and expect representation. You need to distinguish your case from all the other cases and make them want to defend you. Think of it as an advertisement or a presentation and support your claim of innocence. Oh, and don't say, "there was no evidence except a lying witness" because that's just an advertisement that you don't understand what actually led to the conviction. You need more than just somebody's word that a crime was committed to get a conviction (with the possible exception of some sex crimes).

Beyond Innocence claims and Innocence Projects, you're really stuck playing the lottery to get a pro bono post direct appeal attorney. Some large firms have pro bono offices (large, as in hundreds of attorneys in several states, not as in an association of 5-20 attorneys in one location). It is worth checking them out - searching for the firm name and "pro bono" to see if they have a pro bono office with a specific target clientele. Note, that specific target clientele can change year to year. I know of one Madison, WI/Milwaukee, WI/Chicago, IL firm that changed everything over to juvenile defense for a few years, then changed again to the cause du jure, and will change again to the next cause celebre when they get motivated. They did great work on the juvenile appeals they took, but once they changed over....).

This brings up another area - to get attorneys not associated with large firms interested, you need to have a hook. Sometimes, that hook is publicity. If you have a highly publicized case, it'll be easy to get an attorney. Might even get a pro bono attorney at the trial level, with donations of time from experts and the like as CourtTV is great advertisement of one's skills.

If you don't have a well publicized case, you need something else. Look for attorneys with specific causes. The best way to find these attorneys is through outreach groups that are general. Your local chapter of NAMI knows who'll pro bono/low bono cases where there's a significant mental health issue. Your tribe will know the attorneys who will pro/low bono members of your tribe. AARP, ARC, NAACP, your local domestic violence center - all will have affiliated pro/low bono attorneys interested in handling qualified cases where their issues are integral to the case. Immigration Outreach for Catholic Charities in some states (Iowa among them) will have associated attorneys, and you don't need to be Catholic, just an immigrant. These associations are also great for employment discrimination and have civil attorneys who may be able to help.

Low bono is also an option, as is doing a payment plan with an attorney. Low bono means that you are paying something, just not the normal hourly charges. Somebody who can't afford to take on a pro bono case may be able to take on a low bono case, so ask. Ask about payment options other than a huge retainer up front.

Anyway, remember, Legal Aid is the Civil side of indigent representation. Don't dis the PDs - most are very hard working, dedicated professionals who have more cases and less resources than their state prosecutor counterparts. Yes, there are assholes and incompetents in every profession, including yours. But this post is about finding pro bono representation.

Do not expect anybody to be willing to work pro bono at the trial level unless you have a massively popular case. The PD is there to work indigent defense at the trial and direct appeal level. The PD is your attorney at this level if you're indigent.
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Old 01-08-2018, 02:42 PM
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Originally Posted by Sirena_90 View Post
Hello yourself. I was wondering if we could talk. I'm sure you have a lot of people asking but I've seen some of your threads and posts and....well let's just say Idk where else to go right now =( please pm me. I would appreciate it so so much. Thanks
Hi there, Yourself gives up her time to give a lot of good advice to members of this forum. We are very lucky to have her and her expert opinion. However she does not offer Pro bono services to members of the forum and she does not accept private messages. I am sure if you post your issue you will receive some advice on the forum.
Thank you
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Old 01-08-2018, 04:58 PM
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Thank you. It was worth a shot. I'm just not sure posting it up. Like there's so much and it's a big case that I'm kinda....Idk losing myself. I'm trying to help get it fixed and juggle 4 kids under the age of 10....all by myself now and well that's where Fading_Hope starts, but with the way my kids and I have been treated from our tragedy pretty much I'm scared to put it out there. Idk what to do


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Hi there, Yourself gives up her time to
give a lot of good advice to members of this forum. We are very lucky to have her and her expert opinion. However she does not offer Pro bono services to members of the forum and she does not accept private messages. I am sure if you post your issue you will receive some advice on the forum.
Thank you
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Old 01-08-2018, 05:50 PM
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You need to help us understand how to help you. Are you concerned about administrative law inside the prison, or a pending criminal case, or a parole issue?

Listen hon, you need to focus on one item at a time; otherwise you're trying to eat the whole cow in one sitting. Just one hamburger tonight is enough!

If this is a matter that hasn't had a plea or trial and sentencing, then your loved one will be appointed a lawyer. That will be the person who will have the best answers, though s/he won't necessarily talk to you, because his/her job is law, not handholding.

So, give us a direction to head and we'll try to help. We don't need particulars.
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Old 01-08-2018, 09:41 PM
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If your LO was appointed an attorney for trial and went to trial, then the appeal will be handled by the state appellate Defender or whatever it's called in your state. A direct appeal will take around two years.

If this is after a direct appeal, then get your head above water - the legal issues will generally wait.

If you are dealing with how to divorce an inmate or you have a pending eviction or you want to stop creditors from calling and threatening you over a loved ones death or there's been a death in the family and family members are being total asses about the dead person's property, then boil it down to something like this and we can point you to a possible source for a pro bono attorney.

You are seeing all of the ins and outs of the particular issue - focus on the global issue. We can help you try to find an attorney if you give us the global issue and not try to give us all the ins and outs of the case.

Breathe. Take your time. It's hard to actually see the forrest for all those damned trees sometimes.

Let's go step by step, and figure out what forrest we're in to begin with:

Is this a civil matter or a criminal matte?
Civil matters are anything dealing with divorce, custody, landlord tenants, contracts, buying and selling property, anything that may make you legally liable for a debt, accidents, and the like. Any time it's one person versus another person, it's a civil matter.

Criminal matters are matters where a person risks jail or prison. These are your trials, plea bargains, appeals, and your quasi criminal matters like juvenile delinquency, mental health court, and stuff where the state can come in and remove somebody from their life and place them in an institution. If your freedom is in jeopardy, it's criminal.

We can narrow it further once we understand this basic element of your case.

Note, we aren't asking for the facts of the case, just the classification. Further, we will want to know jurisdiction at some point.
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Old 01-09-2018, 01:33 AM
Sirena_90 Sirena_90 is offline
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I wish I had time to take. I feel like I can never just breathe. I've lost everything and feel like I've lost I don't know, any hope, and any faith. It's a struggle to even want to be in this world anymore. It's been about a year and five months since my husband, my best friend, my rock was arrested in our home in front of our kids. Really big criminal case. Had private lawyer who in the end the bill was $20K and was no help and didn't let my husband go to trial. Told him he would get life and they kept telling him they were going to get me next and our kids would have no where to go. He took a plea, no contest. 40 years. He was so upset having to take the plea. We had a plan the night before. He would go to trial and I would be there to help him. With all that has gone on...Well I haven't been ok. I've had this surprise just flippin hit me upside the head. We lost everything. We were happy. Finally working together and understanding each other. There is no way in H... he could've done what he was convicted of. It has torn everyone apart. My kids are missing their daddy. They are now different kids, not the same happy babies they used to be....My 6 year old already has said he wants to die! I am getting them help but they just want their lives back. It has been all over the papers and the news, family 4 hours away even saw it on the news....He was an amazing father and an amazing husband. Wanted nothing but for us to be happy. He was a hard worker.....ok well I'm getting too i don't know. I just don't know how I'm gonna do this anymore.

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If your LO was appointed an attorney for trial and went to trial, then the appeal will be handled by the state appellate Defender or whatever it's called in your state. A direct appeal will take around two years.

If this is after a direct appeal, then get your head above water - the legal issues will generally wait.

If you are dealing with how to divorce an inmate or you have a pending eviction or you want to stop creditors from calling and threatening you over a loved ones death or there's been a death in the family and family members are being total asses about the dead person's property, then boil it down to something like this and we can point you to a possible source for a pro bono attorney.

You are seeing all of the ins and outs of the particular issue - focus on the global issue. We can help you try to find an attorney if you give us the global issue and not try to give us all the ins and outs of the case.

Breathe. Take your time. It's hard to actually see the forrest for all those damned trees sometimes.

Let's go step by step, and figure out what forrest we're in to begin with:

Is this a civil matter or a criminal matte?
Civil matters are anything dealing with divorce, custody, landlord tenants, contracts, buying and selling property, anything that may make you legally liable for a debt, accidents, and the like. Any time it's one person versus another person, it's a civil matter.

Criminal matters are matters where a person risks jail or prison. These are your trials, plea bargains, appeals, and your quasi criminal matters like juvenile delinquency, mental health court, and stuff where the state can come in and remove somebody from their life and place them in an institution. If your freedom is in jeopardy, it's criminal.

We can narrow it further once we understand this basic element of your case.

Note, we aren't asking for the facts of the case, just the classification. Further, we will want to know jurisdiction at some point.
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Old 01-09-2018, 03:04 AM
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You need to get past your despair for the sake of your children. They are resilient, but they need for you to remain strong, your husband does too. Please seek help with your depression.
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Old 01-09-2018, 03:11 AM
Sirena_90 Sirena_90 is offline
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I have been trying to get help, but once i leave those doors it's like fml again. I'm only still here because of them, I wanted to end it so bad this past week, but one of my babies texted me to bring them a pizza so next thing I knew I was there at the door with pizza. I feel like a failure. Stay at home mom since 16 and now I can't do squat. I'll be 28 at the end of this month =/

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You need to get past your despair for the sake of your children. They are resilient, but they need for you to remain strong, your husband does too. Please seek help with your depression.
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Old 01-09-2018, 01:40 PM
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That's why you need help dealing with the absolute disaster that happened when your husband got locked up. Been there myself when my exemplary life crumbled, but a reality check from my family, and antidepressant meds from my doctor kept me from making a big mistake that I am now very glad (finally) I avoided. My life is different, but I found that there can be alternative ways to be happy.

Your children will never get past losing you. It would scar them for life. If you want the details, send me a PM but it's way too sensitive for me to make it public.
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Old 01-09-2018, 04:50 PM
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I understand where you are but there is no quick fix for any of this. It feels like you are Atlas with the weight of the world on your shoulders, and that sucks. It sucks especially bad as you are undoubtedly faced with a few new realities - dealing with the finances as the quickest way to poverty is to have the primary breadwinner in prison, dealing with having to enter the workforce again, dealing with trying to get food stamps, change housing, figure out a new budget. Dealing with trying to get on a visitation list and all the rules and regulations for what you can wear and what you can't. What you can do and what you can't when you go to visitation, if you can go to visitation what with the cost of getting there and back and how to manage the kids, ...

And it just goes on from there - one thing after another and you're trying to put each fire out before it engulfs you, but it never seems like you are getting anywhere.

You are not alone. A lot of people have to deal with exactly this reality when their partner gets locked up. And you're dealing with a huge sentence.

No matter what you do, no matter how much money you have to throw at this thing, it's not going away any time soon. Even if he were allowed to revoke his plea, you'd still be looking at starting this whole thing over. Even if you won an appeal tomorrow, this all would be starting from scratch. And my understanding is that you don't have a lot of money to throw at this, or at lawyers in your area to let them deal with the legal end of this. So don't. Let him be where he's going to be for the next few years anyway. Don't put a lot of emotional emphasis on trying to change that - not right now. His situation is not going to change overnight no matter what you do.

Put your energy into what you can change. And of what you can change, narrow it down to one or two things you can affirmatively work on right now, and let the rest be.

First thing I'd do is get some help for your depression. You need it. You need the energy that depression is zapping from you. You need the head space that depression is filling up with thoughts of hopelessness and suicide. This is not an easy fix, but you need to start there. You deserve it. Your kids need you in a better place. And when it is time for you to start working on your LO's case, you're going to need that emotional and energy reserve. So get that under control first.

If you are having problems with creditors, you can get a lawyer through legal aid in your area to help you with this. In the interim, make a No Creditor policy. They call, you hang up. They keep calling, unplug the phone. But also make an effort to get to contact legal aid and find out where you can get help with creditors. Make an appointment. Get that ball going. When you're not assaulted by those calls anymore, you'll have more headspace for dealing with things that really matter.

If you've been out of the workforce for a while, contact Dress for Success and see about help entering the workforce. This is just one of numerous places to go to get help with this issue, and brushing up your resume, and figuring out what has changed in the last ten years and how to reenvision your resume so that it's not so intimidating.

They may even be able to help you apply for supports like food stamps if applicable.

Seriously, get on more stable ground before you try to deal with the court issues.
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Old 01-12-2018, 01:41 AM
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I just miss him so much. My kids aren't able to see him but they do write him and he writes them. I will be 28 this month and have been home with kids since I was 17. This is pretty much all I know. Therapists tell me I'm not even stable to get a job or go to school.. I've always struggled with the depression. I feel like everything I try to do to help doesn't work, its like as soon as I walk out those doors it all comes back. Pills they seem to make those feelings worse and I go into a darker place. I always had my husband watching me to make sure I was ok when I started taking anything. I have him asking me for all these papers or reports and etc I've let him down so much after all this happened. I couldn't function and I feel so bad. I think to myself like what if I just pushed myself through maybe he wouldn't be there.....I wasn't questioned and the lawyers didn't want my help.

Thank you all. I'm just such a mess.
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Old 01-12-2018, 10:06 AM
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Sirena, I've moved all your posts and answers to your own thread, so people can give you more help and more specific help for your problems....it's now gone rather far beyond just finding a pro bono attorney, so keeping your issues separate from that original thread seems wisest.
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Old 01-12-2018, 07:43 PM
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Sirena- since you can't talk with him whenever you want right now and miss him loads, write to him when you miss him. I suggest keeping two journals - one is your day to day, what he's missing, what you think his response to little things would be. The other is a journal for your emotional release - when you are angry with him, when you are crying because you miss him, when you don't know what to do with yourself - that is when you write in your highly emotional journal, addressing each entry to him. Imagine him there with you, and imagine his response to what you are thinking, what you are feeling, and what you are doing. Write down those responses. It is a way to help you feel immediately close to him. And you don't have to send him the highly emotional stuff, but can give it to him if you want, when he comes home.

I also suggest taking one of his comfy weekend shirts and wearing it when you feel really alone. Feel it the way you'd feel him hugging you.

From there, all you can do is move one step forward at a time. Start with one thing. Break that one thing down into its parts. Do only one of those parts until you've got it done. Sometimes, that's all we can manage in a day.

Glad you're getting help. You need to take care of you before you go down the rabbit hole of appeals.

Altnatively, if you really want to go the appeals route, then you need to order every transcript of every proceeding and take those transcripts to a qualified and licensed attorney in the relevant jurisdiction along with a healthy check and get the case evaluated for appealable issues and likelihood of appeals. I've given other lists of how to find and interview attorneys (you should interview at least 3 before you start handing over a good amount of money for the actual evaluation and signing the contract for services), which you can find in this forum.

Breathe. Take it one breath at a time. It's okay to feel like crap. It's not permanent - you just have to figure out your new normal.
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Old 01-14-2018, 11:36 AM
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Sirena, after my husband went to prison, the kids and I went through a bad stretch. I couldn't focus at work and couldn't even make decisions about what to fix for dinner. Home life was chaotic. The kids were not doing well in school and I was angry that a dad in prison was going to lead them to a life of failure.

Slowly, I got my feet back under me. I made a decision to have faith. Faith in God, yes, but also faith that all the parenting and loving we had done before he got in trouble still counted. I had faith that my kids would be okay, that this horrible, impossible experience would teach them lessons that would make them better people. I gave the kids responsibility for their schoolwork and backed away. So much of their/our lives were out of control, giving them responsibility for their grades gave them something they could control. I could not be more proud of them and how they managed themselves at such a difficult time.

We talked a lot about what Dad did, about his punishment. We talked about criminal justice issues. The kids discovered that they weren't the only kids with this life.

See if there is a support group in your area for people with loved ones in prison. Being able to meet others who miss someone in prison, others whose lives have been thrown into chaos...i found that extremely helpful.

I wish you well. You CAN get through this. It isn't easy but you can do it. One day, one moment at a time. One foot in front of the other. Sending you love and hope.
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