[kpickell]

it kind of sounds like a topic for Jerry Springer... but this weekend my sister had a baby (her first child) and today her husband was sentenced to 6 months in jail. A complete shock to all of us.<br><br><br><br>
He was caught speeding two weeks ago and the officer told him there was a warrant out for his arrest. This was news to him. Apparently he didn't go to an anger management class that he had to go to several years ago because of a fight he had during his senior year of high school. He went to the initial evaluation and they told him he didn't need the class so he never went back. He went to court today and showed the paper stating that he didn't need the class, but that wasn't good enough and the judge sentenced him to 6 months in jail for not completing the anger management class.<br><br><br><br>
Now he's in jail, and my sister's left to raise the newborn baby on her own. She definetely doesn't make enough money to pay all their bills. The husband was helping a lot with the baby and now that he's gone she's frantic. Any advice on what she should do?!

 

[Robert]

Kpickell, that's a pretty sad situation.<br><br><br><br>
I think right now that perhaps her best bet is the help and support of family members if at all possible.

 

[1vegan]

<div class="quote-container"><span>Quote:</span>
<div class="quote-block"><i>Originally posted by kpickell</i><br><br><b>Any advice on what she should do?!</b></div>
</div>
<br><br><br>
phew !<br><br><br><br>
-\tCall the (local) newspapers<br><br>
-\tAppeal to a higher court?<br><br>
-\tAppeal to the major of the city?<br><br>
-\tNotify church people ?<br><br>
-\tCall a tv station?<br><br>
-\tMake him offer to follow the course?<br><br>
Start a e-mail action?

 

[Robert]

1vegan, while all of that might make for a good news story, its just not going to convince any hard-nosed judge to overturn the sentence. An appeals process will likely take longer than his entire sentence. I would suspect he'll be released on "good behaviour" in a few months... maybe 2 to 4 months.<br><br><br><br>
The local church I suppose "might" help out with food or neccessities, but I think her best bet will be family members.

 

[1vegan]

Don't you have "speed trials" or something in the US?<br><br><br><br>
Why did he go to jail directly?<br><br>
Maybe there is a way to postpone the jailing?

 

[Robert]

1Vegan: I have no idea. I'm in Canada myself. Bankruptor can probably give more information on the legalese in the US. There's more "procedure" and "process" (read, a ton of hoops) than you can imagine that you can be made to go through to accomplish anything.

 

[spud]

Is there some sort of community lawyer who can appeal for him? Work pro bono or maybe some kind of social worker? In the Uk single mothers are looked after by the State, they get their housing costs paid and an allowance to live on etc.

 

[Joe]

<div class="quote-container"><span>Quote:</span>
<div class="quote-block"><i>Originally posted by kpickell</i><br><br><b><br><br>
He was caught speeding two weeks ago and the officer told him there was a warrant out for his arrest. This was news to him. Apparently he didn't go to an anger management class that he had to go to several years ago because of a fight he had during his senior year of high school. He went to the initial evaluation and they told him he didn't need the class so he never went back. He went to court today and showed the paper stating that he didn't need the class, but that wasn't good enough and the judge sentenced him to 6 months in jail for not completing the anger management class.<br><br></b></div>
</div>
<br><br><br>
Who was his lawyer when he got into the fight and that led him to be sentenced to anger management class? Did he ever take the "paper stating that he didn't need the class" back to that lawyer to get advice on how that might affect his sentence? Or have that lawyer take the paper to the judge to have the sentence amended?<br><br><br><br>
Who was the attorney who represented him during his most recent arrest? Was it the same lawyer who represented him several years ago? Did the lawyer who represented him during his most recent arrest ask that Daddy be released on bail pending appeal? If not, why not?<br><br><br><br>
How could he have had an arrest warrant outstanding against him for several years? That doesn't make a lot of sense unless he was moving around all the time with no fixed address or maybe hiding out from the law.<br><br><br><br>
A lot of this story does not make much sense, I am sorry to say.<br><br><br><br>
If you commit a crime, and the judge sentences you to jail unless you complete an anger management course, or unless you rake leaves in the public park as community service, then you had better complete the course or show up and rake the leaves, or else your ass goes to jail. It is as simple as that. And they will release murderers, rapists, child molesters, robbers, burglars, etc., to make room in jail if they have to. Because you have defied a court order, you are <b>priority number 1</b> to be put in jail.<br><br><br><br>
I think your sister should seek financial or material help for her own situation from local charities, churches, etc. and from family members. But my gut feeling--and I could be wrong--is that trying to reverse or amend Daddy's sentence at this point is practically hopeless and would be just pouring money down the toilet. (If you can get an attorney to handle it pro bono, that would be fine, but trying to find one might be very difficult and time consuming.)

 

[kpickell]

Thank you for all your advice.<br><br><br><br>
I talked to my sister to get a little more information. John (the husband) did not have a lawyer present at either hearing. In hindsight he probably wouldn't have been in this situation if he had a lawyer with him. But he naively thought this was just a misunderstanding and that at most he would be required to take the full course now and pay a fine and he didn't see the need to pay a lawyer. It was 4 years ago that the original warrant was issued and I don't know why they didn't go to his house to arrest him right away or whatever they do, he was living with his parents at the time. As far as we know they didn't pursue him at all and he didn't find out there was a warrant out on him until he was pulled over for speeding. He spent a few hours in jail the night he was pulled over for speeding but was released on $500 bail and given a court date in regards to the contempt of court charges for not completing anger management class. At this court session he showed the judge the paper from the initial anger management session that said he did not meet the criteria for the class, but the judge said that didn't matter because it was a court ordered class and he didn't need to qualify for it.<br><br><br><br>
Currently my sister's mother-in-law is staying with her, helping her to take care of the baby and stay calm. My sister will probably move back home with my parents for now because she's only recieving disability payment due to the fact that she's on family medical leave from her job which isn't enough to pay her rent or other bills. But she's afraid that her landlord will sue her for breaking her lease if she moves out early (there's probably 5 months left on their lease). She sounded very depressed when I talked to her today. (She seemed frantic yesterday).<br><br><br><br>
She looked into free legal aid today, but they couldn't help her because the husband is already in jail and they don't take cases for people who are already incarcerated. She said currently there was no option for bail. She did say that he would be credited 2 days for each day served on good behavior, so he can probably get out in 3 months time. She's looking for a lawyer that she can afford.<br><br><br><br>
I guess that's all I know right now...

 

[spud]

I feel very sorry for her, what lousy timing. It should be a happy time when she's with her baby and everything's lovely not stressed right out and seperated from her husband. I think the judge could have at least been asked to suspend the sentence until the baby is older, if not indefinitely. What a *******. Media should be informed if all else fails. Are there prison welfare officers or something looking out for him, he's probably demented at being seperated from them too. What State is she in- does it make a difference?

 

[Seadolphin]

I feel so bad for your sister. This should be such an incredible time for her & her husband. They should be enjoying their baby & the joy of parenting, not dealing w/all this crazy stress. I hope they find some way to work things out. Do you live near your sister? *big hug*

 

[kpickell]

Good news.<br><br><br><br>
We pooled our money together and got a lawyer who talked to the judge and got the husband out of jail!!! We're so relieved. He just has to complete the class and is now on 6 months probation. But he's out, and they are going back home.<br><br><br><br>
Oh and I learned why the judge wasn't very lenient in the original sentencing... John's mom went with him to court, and kinda had a break down, and ending up throwing papers at the judge saying stuff like "you have to let him go, look at these report cards." ... The lawyer we got told his mom she couldn't come to the resentencing because "you kinda irritate the judge."

 

[Seadolphin]

I'm glad to hear that things are working out. <img alt="" class="inlineimg" src="/images/smilies/smiley.gif" style="border:0px solid;" title="">

 

[spud]

Great start to my day, I'm so pleased for them.<br><br>
Has he sorted everything out with his employers?

 

[kpickell]

Yes, thankfully his boss is his brother, so he let him come back to work right away. =)

 

[Skylark]

Alright, thanks for the update, Kpickell! *high fives all round*

 

[Seadolphin]

Hope things continue to go well. What did they name the baby?

 

[kpickell]

Hi, yes, things are going really good now. Everything's back on track and the baby is doing great too. The baby's name is Hayden Knight. Their dog is doing good with the baby too and seems protective of him. Thanks for your concern. =)