Screwed by the state

[frankomav47]

My stepdaughter was asked to sign a plea agreement in October of 2008.
Her public defender told her and us that it would be to her benefit to do so.
The agreement was for her to be placed in a correctional facility or a period of two months, then be transferred to a boot camp facility close to home, to be rehabbed for an additional 4 months, then transferred to a halfway house close to home for another month to be evaluated and sent home with a no parole clause.

Problem is: She has now been incarcerated well over 8 months in the original facility. She has finally gone through her release interview two weeks ago, was supposed to be into the next phase of her agreement but still has not been transferred to the boot camp facility. (She was told at the interview, she would be transferred in a week or less.)
She has fulfilled her end of the deal so far but the state is not upholding their end of the bargain.
If she hadn't signed the plea agreement, she was looking at two years with parole after 7-8 months, so she would be out by now.
Also, the facility they want to send her to is nowhere near home and we cannot travel that far to see her.

She (as are we) is being screwed over royally by the state and I need to know:
Do we have any recourse in this matter?
Please direct any questions to my email.
Thanks

 

[CdwJava]

Has she contacted her attorney and asked? Has she had any problems while incarcerated? Perhaps the boot camp or rehab programs are impacted and the waiting list is longer than expected.

I doubt much can be done since she has pled guilty to the crimes.

She should ask her attorney for some clarification.

- Carl

 

[frankomav47]

Yes, several times. I've just about given up hope with him.
He's a public defender and has a case load of about 500 criminals, most of which are much worse than hers. Worst part is; she was with another person who was dealing in a school zone but in the car, unaware that he was dealing. He plead guilty and did 6 months in the county. She didn't want parole when she got out so she took the deal and got screwed.
No problems while incarcerated.....model prisoner. Just a big state screw-up !!

Thanks anyway for your reply,
Frank

 

[raskalnikov]

just curious,

How old is she? What did she plead guilty to? What State?

Are any of the facilities in question privately held instead of State owned?

 

[raskalnikov]

Oops,

and, any priors?

 

[frankomav47]

She is 37. She plead guilty to accessory to delivery of drugs in a school zone, (late night, no children present) but she really wasn't. That's why she went for "the deal". (Please see my last post)
Pennsylvania, all facilities are state owned.
The only prior she has is taking her father's car without his knowledge and hitting two cars while trying to avoid getting caught 15 years ago.
She's pretty much a good kid who was hanging with someone she should not have been and realizes it. She keeps to herself most of the time.
This guy she was with even had me fooled into thinking he was okay. A real charming kinda dude. It goes without saying, he's on my hit list. (No, I didn't mis-spell)

 

[CdwJava]

She is 37. She plead guilty to accessory to delivery of drugs in a school zone, (late night, no children present) but she really wasn't. That's why she went for "the deal". (Please see my last post)
Pennsylvania, all facilities are state owned.

That's a pretty serious offense!

The only prior she has is taking her father's car without his knowledge and hitting two cars while trying to avoid getting caught 15 years ago.

That means she has two prior felonies, correct?

About all she can do is deal with her attorney and ask questions about when she will be transferred and what the holdup is. You have no legal standing to represent her, and they may not provide you with any information.

- Carl

 

[raskalnikov]

What were the drugs/amounts?

 

[frankomav47]

Not sure of the amounts but she did say he came back to the car holding 2 $10.00 bills
and she asked him what it was for but he didn't tell her. Couldn't have been very large amounts for that. I don't know all the details of the arrest. Just know she was stuck in the middle.