Help! My brother-in-law is currently in prison. What is the first step in order to get him out?
He is currently incarcerated in the High Desert Prison located in Indian Springs, NV. I don't know the first step to get a Public Defender or anything. What do I have to find out? What do I do?
Answers:
If he's already at High Desert, he's already been convicted and sentenced. There are attornies that specialize in post conviction relief, but unless the sentence is longer than 25 years, the odds are almost nil of getting any amendment to the sentence imposed upon conviction and the assistance of these lawyers is very expensive.
Your brother in law, I'm sorry to have to tell you, is not entitled to court appointed counsel unless the sentence is greater than 25 years AND notice of intent to appeal was filed within the time required by the state of Nevada- I believe that Nevada requires that notice be filed within 30 days of sentencing, the Court Clerk can tell you more definitively.
If there were serious procedural problems with the trial, there is a possibility of filing a writ of Habeas Corpus, but only an attorney well versed in appellate law for the state of Nevada can tell you for sure if such issues exist in this case.
For more information and for advice and support from other people who have loved ones in the Nevada prison system, you can visit http://www.prisontalk.com/forums/forumdi...
did he do the crime? Not being a public defender I can pick and choose who I help.
if hes in prison then he has already been sentenced and there is not much you can do, he will try it from the inside if there is something to be done...good luck
I heard about putting a file in a cake works!
Well if he is in prison, rather than in jail, you are several steps too late. Generally, people are only sent to prison after they have had their trial or entered a plea of guilty. As such, you need additional details about the actual status of his case.
Assuming the unlikely, that his case is not yet completed, you need to find out when his next court date is. If he is unable to afford an attorney, he will be told the process for getting a public defender. He has to be the one to ask for a public defender, not his family. On the other hand, if you can afford it, you can pay for a private attorney to represent him. However, you must understand, that while you may be paying the bill, the attorney will not be working for you, but for your brother. You can refuse to pay additional bills of the attorney, but you do not have the ability to fire him.
Assuming the more likely, that his case has already been disposed, you need to find out the rules regarding when he is eligible for parole. A key part of the parole process is making sure that he has an acceptable home plan and job prospects.
pay the money?unless he did a real crime let him stay for a while.that ought to teach him.
If he is in prison it's a little too late. He has already been charged and sentenced.
Did they have trial yet? If he can't afford lawyer they'll give him one of them public defender for him. Unless you got lot of money and want to hire some lawyers from big shot law firms.
And obviously you won't get him out if he is guilty on something.
Parole is the thing to wait for, but only with state prison. Keep in mind that Federal crimes do not qualify for parole. If he's been sentenced 5 years federal, he'll do 5 years. If he's sentenced 5 years state prison, he'll probably do less depending on his crime. Violent crimes being less likely to get parole. Also if his file is stamped OC, organized crime, he'll have to wait. You and him probably won't like this but the best advice someone could give you or him, is instead of focusing on getting out, to start focusing on why did he get there in the first place. Unless he does a thorough check, he's very likely to come back and since time is exponential it won't be nice the 2nd time around. Please have him use his time inside to better himself...
Talk to his lawyer. Get a briefing on his case.
Look up the public record. Find out how many years he was sent away for, then look up how many years he has to serve before he is eligible for parole, even with good behavior.
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