Families of SOs Community Group
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If....you son has had ANY past maladies which are considered emotional, such as ADHD, PTSD that you insist that your lawyer make an issue of it.
THE American with Disabilities Act helps protect people with disabilities yet is totally ignored in the court system.
INSIST.....INSIST that it be brought to the forefront if it applies.
It may help lower the punishment.
I live in NJ and know. It's all about how much money you have to dole out. Once the Prosecutor thinks he has the upper hand...nothing but money will change his mind. The more you pay your Attorney...the lighter the sentence.
Yeah Im cynical. I don't trust our judicial system at all anymore.
But I know from my own history...thats how things work here.
But thumper - you are right about our judicial/prison system - it sucks!
Our judge disregarded our letters, but I have heard of other judges that took the character letters into Concideration.
Unfortunately when it comes to NJ, thumperjoe is right. We were fortunate enough to get the judge in a good mood...and I also think the judge really didn't like the prosecutor (he was late to every court hearing we had and the judge yelled at him every time). We were blessed in that respect but most of the time that's not the case.
Good luck and I would say have the letters sent. They can't do any harm, they will either be ignored or taken into consideration.
The American with Disability Act recognizes most disabilities. The Court system ignores them.
Parole and Probation ignore them. DOC ignores them for the most part.
My son was incarcerated for 2+ years without his ADHD medication. Upon release and within 6 months they violated him for not understanding his parole conditions.
I dont understand his parole conditions and Im not ADHD.
My son was NOT on nighttime restrictions. He was violated for staying overnight at his GF's house. She was an RN and worked 3-11 PM. He would go over there while the children were in bed and leave before the children woke. According to NJSPB that was a violation of his parole. He was home here every day for at least 8 hours. Their arguement was that at some point his GF would have to go to the bathroom and therefore expose the children as unsupervised during that time period.
Guess what? They got away with it. He's bac k in jail for a year.
The letters should be in the words of the letter writer, typed, should be concise, and should be genuine. There should be no orchestrated letter-writing campaign: instead, individuals who strongly feel they have relevant information for the Judge should be given a copy of these instructions to assist in expressing those views. Writers should refrain from including their address and telephone number on the letter as it will need to be redacted.
 
What follows are some suggestions that letter writers may wish to incorporate:
1. State your present or former position, e.g., I am/was the Pastor of the XYZ church.
2. Describe your relationship with the defendant including the nature and the length of the relationship, and how you met.
3. Describe the good that the defendant has done in charitable, educational, civic or business activities. Particular experiences that the writer has had with the defendant and which demonstrate the defendant's human virtues would be helpful. An anecdote—an act of charity, or a particular kindness—briefly stated may be worth far more than merely describing you in abstract terms as “decent.” Do not be general or vague.
Of course, the suggestions above are not all inclusive, and some letter writers may not be in a position to make statements based on their experience about all areas described above. What is important is that the letters be genuine and reflect the deeply-held beliefs of the letter writer.
Additionally, letter writers should NOT:
1. Question the defendant's guilt.
2. Comment on the evidence in the case.
3. Suggest a particular sentence.
4. Express personal views on the criminal justice system.
5. Use the words “lenient” or “leniency” in requesting a particular sentence by the judge. Again, do NOT request a particular sentence. That's the attorney's job.
Sorry but thats the law and procedure.
The letter wrote was ignored, my son got 10 years for 1 count.
I wish you luck. I agree with both thumperjoe and coolrich