Families of SOs Community Group
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my son is just 6 mo. into a 10 year sentence. He takes antipsychotics because he is schizo...and has dillusions. When he got to prison in SC in Jan. they told him he could not get an out side job because of being a so and he could not work inside because of the medications. So against my advice (as usual) he went off them..Sometimes he can go months or years off them before having an episode. Still 6 mo. later he is on a med hold and he nor i can find out why. He needs to work so he can take care of himself and it takes time off there sentence.
My big problem was that we were told there is a hold from york county for when he gets out and we found out it is for a gps. The judge never said anything about a gos or so classes or anything but the 10 years. I went and got a copy of the case from public defender and there are 6 boxes that could have been checked on what the judge signed. 1st non violent and that one is checked 2nd violent 3rd serious 4 most serious 5th says mandantory gps(csc w.minor 1st or lewd act) which was his charge 6th box says 17-25-45
The public defender told me because the date of the offense was marked in as 08 which should have been 06 that is why gps was not mandantory.
I called the public defender this am and he said he would check into it but it just may be they want him on it. Can they just do that when I have paperwork that does not say it and the judge did not say it. He still has 5-to 10 years but i want to get this taken care of asap. I was also told if he does have to wear the gps, He can never leave sc till it comes off and I am in another state. Anyone have some suggestions please..
My big problem was that we were told there is a hold from york county for when he gets out and we found out it is for a gps. The judge never said anything about a gos or so classes or anything but the 10 years. I went and got a copy of the case from public defender and there are 6 boxes that could have been checked on what the judge signed. 1st non violent and that one is checked 2nd violent 3rd serious 4 most serious 5th says mandantory gps(csc w.minor 1st or lewd act) which was his charge 6th box says 17-25-45
The public defender told me because the date of the offense was marked in as 08 which should have been 06 that is why gps was not mandantory.
I called the public defender this am and he said he would check into it but it just may be they want him on it. Can they just do that when I have paperwork that does not say it and the judge did not say it. He still has 5-to 10 years but i want to get this taken care of asap. I was also told if he does have to wear the gps, He can never leave sc till it comes off and I am in another state. Anyone have some suggestions please..
It is what we tried to do with my husband's computer rights for his business. But the judge wouldn't and specifically left it to the Probation officer, but did state that we could petition the court for a ruling on it at a later time if it were to become an issue. Because it was his main form of income before he went in the first time, then after he was out on appeal he picked up his business and restarted it and now he is back in and the State was trying to take away his computer rights forever but according to the guidelines if it wasn't involved in the crime and it is their primary source of income because that is their profession then they can't infringe on their ability to become productive members of society.
I actually live in winstonsalem NC but all this took place in york county SC. I don,t even remember the judge giving him probation. I was told by the public defender office that York has the worst solicitor in the state and if they make him wear this gps they will also not allow him to leave SC. All this was discussed in his plea...no gps...nc address and he would be able to come home. I have several years but i want to get this taken care of now
TY
Sysan
We just won an appeal here in Indiana that DOES NOT ALLOW DOC to make their own decisions! Here in Indiana, DOC was trying to label all SO's with certain crimes as Sexually Violent Predators. The Supreme Court Ruled that DOC does not have control over sentences. I would petition the court again AND make your attorney DO HIS JOB!!!!!!!!!!!!!!
That's my opinion!
Good Luck!
If GPS monitoring was NOT a requirement AT THE TIME OF your son's "offense/crime" (I didn't say charges or convictions! I said OFFENSE/CRIME) Then the judge and state CAN NOT sentence him retroactively! Tell that to the PD too! Make him DO HIS JOB! Tell him to look at the state's Constitution on retroactive laws!
Thanks for all the advice