Prison Pete
Wednesday, July 21, 2004
What a great legal system!
I was not going to write tonight, but hey, I’ll give this a try.
I got two items in the mail today. Item one was your latest batch of books. The Gross Jokes book is gross, obviously pre-political correctness. I have already stated spreading that one around! The other item I got was an envelope bearing the return address of my lawyer in NY State.
In case your scorecard is not up to date, I am supposed to serve five to fifteen years in NY after I am done with the ten years of Fed time!
Well, the news in the letter was not good. The Appellate Division turned down my case. They actually stated that by pleading guilty, I had waived my right to question any portion of the case.
Think about that for a minute! I, a layperson, am "allowed" to give away all of my rights to question the way my case is handled, even if it is the State that did something wrong.
Stated yet another way, the issue I was asking the court to look at was: since the bulk of my Fed time, 8½ years of the ten, was specifically allotted to the same events NY State was also trying to punish me for, was that not in violation of NY State legislation which states that, with the exception of a few really major crimes such as murder for hire or murder planned over or across state lines, that no person should be punished by two separate governments for the same activity?
So I wanted the court to see if my case did that.
Their response was: sorry, you gave away your right to have us look into it. They therefore do not even have to look and see if I got something that, had I not pled guilty to but rather had gone to trial over, they would have had to look at.
What a great legal system!
So, how am I feeling? Well, four hours ago, I had some hope that I would be out of prison by November 2004, now the chances of me getting out before November 2011 are slim to none!
That sucks.
I got two items in the mail today. Item one was your latest batch of books. The Gross Jokes book is gross, obviously pre-political correctness. I have already stated spreading that one around! The other item I got was an envelope bearing the return address of my lawyer in NY State.
In case your scorecard is not up to date, I am supposed to serve five to fifteen years in NY after I am done with the ten years of Fed time!
Well, the news in the letter was not good. The Appellate Division turned down my case. They actually stated that by pleading guilty, I had waived my right to question any portion of the case.
Think about that for a minute! I, a layperson, am "allowed" to give away all of my rights to question the way my case is handled, even if it is the State that did something wrong.
Stated yet another way, the issue I was asking the court to look at was: since the bulk of my Fed time, 8½ years of the ten, was specifically allotted to the same events NY State was also trying to punish me for, was that not in violation of NY State legislation which states that, with the exception of a few really major crimes such as murder for hire or murder planned over or across state lines, that no person should be punished by two separate governments for the same activity?
So I wanted the court to see if my case did that.
Their response was: sorry, you gave away your right to have us look into it. They therefore do not even have to look and see if I got something that, had I not pled guilty to but rather had gone to trial over, they would have had to look at.
What a great legal system!
So, how am I feeling? Well, four hours ago, I had some hope that I would be out of prison by November 2004, now the chances of me getting out before November 2011 are slim to none!
That sucks.
Comments:
I guess I agree with you that your legal system sucks but didn't you have a lawyer to advise you when you chose to plead guilty? Surely your lawyer should have advised you of all the consequences ... maybe you can sue the fat S.O.B?
I identify with u on so many levels. I am married to an alcoholic that refuses to admit he has a problem. He actually sneaks to drink. He thinks he's so much smarter than anyone else that we don't know he's drinking. He's spent several years in both jail & prison for being out of control. Although he hasn't killed anyone yet, he has totaled several cars. I'm assuming that u have killed someone while drinking & driving here. It isn't fair to have to pay for a crime over & over but u tell me...how else is a person to be taught? When they won't learn from their mistakes? I think of my beautiful grandson. What happens when he is playing outside & Grandpa decides to get in that car one more time while drunk & takes the driveway too fast? When he kills our own? Is it fair that I will end up in prison as well? Because of his habit? Because I will for sure kill him too. Ur link in this post broke my heart. I don't want to be one of those mourning the lose of a loved one because someone else couldn't say no.
I have been reading a good chunk of your blog. I have a law degree and I run a blog about legal issues, particularly prisons.
http://onprisons.blogspot.com/
1. The justice system everywhere is cruel, especially to those who do not pull a heart string.
2. The justice system everywhere has no time and resources for anything close to justice. It does only what it must do to stay out of the limelight, and if this means that some people are screwed, they do not care.
3. Most people age 18 and above have already done something, or 10,000 somethings, all of which are criminal and deserve major punishment by today's harsh standards. A few examples to prove my point: sleepy driving is criminal and it was only the grace of God that kept you from killing 20 people; speeding can easily be criminal, and, again, only the grace of God kept someone from pulling in ahead of you at just the wrong time; experimented with drugs just one time? why not 5 years for that, and for each offense?; did you let your little child out of your sight, maybe even inside, and he got into something hazardous? why not 20 years if that hazard led to his death?; downloaded a photo, film or song? why not 3 years for each one you downloaded?
4. Usually the people who most glory in the suffering of people for crime are themselves hypocrites who commits who knows what crimes or similar deeds in the dark. I hope there is a God just to get those people.
Hope to read more of your blog.
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http://onprisons.blogspot.com/
1. The justice system everywhere is cruel, especially to those who do not pull a heart string.
2. The justice system everywhere has no time and resources for anything close to justice. It does only what it must do to stay out of the limelight, and if this means that some people are screwed, they do not care.
3. Most people age 18 and above have already done something, or 10,000 somethings, all of which are criminal and deserve major punishment by today's harsh standards. A few examples to prove my point: sleepy driving is criminal and it was only the grace of God that kept you from killing 20 people; speeding can easily be criminal, and, again, only the grace of God kept someone from pulling in ahead of you at just the wrong time; experimented with drugs just one time? why not 5 years for that, and for each offense?; did you let your little child out of your sight, maybe even inside, and he got into something hazardous? why not 20 years if that hazard led to his death?; downloaded a photo, film or song? why not 3 years for each one you downloaded?
4. Usually the people who most glory in the suffering of people for crime are themselves hypocrites who commits who knows what crimes or similar deeds in the dark. I hope there is a God just to get those people.
Hope to read more of your blog.
