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  #251  
Old 09-27-2018, 11:14 AM
WaitingWilkes WaitingWilkes is offline
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Originally Posted by DoubleDown View Post
I appreciate you silencing the crickets WaitingWilkes.
I get to see my girl this weekend, its been almost a month since our last visit. Down to a few more months to go.

I hope you have a good visit. Keep tearing those pages off the calendar!
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  #252  
Old 09-27-2018, 11:16 AM
WaitingWilkes WaitingWilkes is offline
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I'm around. Nothing good to report. But as always, I'm here for you gentlemen if you need me.


-E

Hopefully no news equates to good news.
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  #253  
Old 10-12-2018, 03:36 PM
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Just as a quick note...I'm opting to not remain semi-anonymous anymore. Out of respect for Dee I will still speak of her as "Dee" but I'm more comfortable using my first name here. The moderators and admins know me by it, but many of you don't.


So please, feel free to call me Eric here in the forum from now on.


Thanks.


-Eric
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  #254  
Old 03-04-2019, 02:16 PM
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What's the word out there, gentlemen? Weekend visits go okay? Anything exciting going on? Anyone coming up on milestones or release dates?
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  #255  
Old 03-04-2019, 04:39 PM
WaitingWilkes WaitingWilkes is offline
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What's the word out there, gentlemen? Weekend visits go okay? Anything exciting going on? Anyone coming up on milestones or release dates?

We had a tense visit. My wife's very upset over the possibility of getting hit with an outside case. This has been hanging over us for a while. We hoped it would just go away. The DA's office decided to investigate the charges. That doesn't mean they'll proceed but it is a step in that direction. Our lawyer wasn't able to defend her against the tickets that exposed to the possibility of prosecution (internal administrative proceeding) but he will be able to attend the deposition and defend her in court if it comes to that.
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  #256  
Old 03-06-2019, 01:20 PM
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Originally Posted by WaitingWilkes View Post
We had a tense visit. My wife's very upset over the possibility of getting hit with an outside case. This has been hanging over us for a while. We hoped it would just go away. The DA's office decided to investigate the charges. That doesn't mean they'll proceed but it is a step in that direction. Our lawyer wasn't able to defend her against the tickets that exposed to the possibility of prosecution (internal administrative proceeding) but he will be able to attend the deposition and defend her in court if it comes to that.

I'm not familiar with the laws in the state she is being held in, but I know in California that lawyers generally don't get involved with internal administrative proceedings unless an inmate goes through all possible internal remedies and, with those exhausted, is able to show grounds for contesting the results of the said proceedings in court. Even then, a lot of inmates go pro per/pro se at least initially if a dispute over an administrative issue goes to the external court level. It's not impossible, but relatively unheard of is my understanding.


However, as you state, yes, if the DA decides to pursue charges, he would be able to handle those situations in court. (I assume that if they actually file charges that they will either transport her on court dates or kick her to County Jail for the duration of the proceedings so that she can attend....depending on the severity of what she would be facing.)


The only insight I can offer is what I know about how things are handled out here, which is that if the issue is a felony matter, the DA will investigate and determine whether or not to file charges. Misdemeanor issues, by and large, do not get pursued (because why sentence someone to concurrent time when they're already incarcerated? It's a waste of public resources.) The only time I have seen a DA pursue a misdemeanor case against an inmate out here is when they are also facing felony charges in a new case at the same time. (For example, a case where a woman was facing charges for being caught with drugs in prison. She was also caught with a cell phone, which is a misdemeanor in California. If she had only been caught with the cell phone, it would have most likely been handled 100% internally, but because she was caught with drugs, it was added as a second charge in addition to her in-prison drug possession charge.)


Hopefully Tammy will not face any new "real-world" charges. It sounds like the administrative process has been damaging enough.


-Eric



-Eric
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  #257  
Old Yesterday, 12:05 PM
WaitingWilkes WaitingWilkes is offline
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missingdee: I'm not familiar with the laws in the state she is being held in, but I know in California that lawyers generally don't get involved with internal administrative proceedings unless an inmate goes through all possible internal remedies and, with those exhausted, is able to show grounds for contesting the results of the said proceedings in court. Even then, a lot of inmates go pro per/pro se at least initially if a dispute over an administrative issue goes to the external court level. It's not impossible, but relatively unheard of is my understanding.

Our problem is the law. What the CO wrote her up for are legally felonies now. The prison handled its end as the administrative matter it was. The state is pursuing both counts felonies. It's not a double jeopardy issue, since administrative sanctions aren't criminal punishments.

However, as you state, yes, if the DA decides to pursue charges, he would be able to handle those situations in court. (I assume that if they actually file charges that they will either transport her on court dates or kick her to County Jail for the duration of the proceedings so that she can attend....depending on the severity of what she would be facing.)

We'll have to wait to see what the grand jury does. Our lawyer said they'll go with the prosecution most of the time; the old "ham sandwich" crap.

Hopefully Tammy will not face any new "real-world" charges. It sounds like the administrative process has been damaging enough.

We never thought we'd have to go through another trial. Her first one was a screaming nightmare.
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  #258  
Old Yesterday, 12:17 PM
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Originally Posted by WaitingWilkes View Post
Our problem is the law. What the CO wrote her up for are legally felonies now. The prison handled its end as the administrative matter it was. The state is pursuing both counts felonies. It's not a double jeopardy issue, since administrative sanctions aren't criminal punishments.
I'm very sorry that this is happening. You've been a terrific support to her and I know this takes it immense toll on you, as well. Be kind to yourself and utilize the support system you have.
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  #259  
Old Yesterday, 01:13 PM
WaitingWilkes WaitingWilkes is offline
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Thanks. One [CENSORED] day at a time... <sigh>
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