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Detainer in SC South Carolina

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  • Detainer in SC South Carolina

    If a person has been sentenced to prison and in currently in a SC prison but has pending charges and there has been a detainer placed on him, what are his rights? He has been placed on a level 3 security prison, the worst one in SC because of his pending charges. He should be on a lever 1, work release program and was promised this before accepting the plea bargain on his current sentence. However, he is at a level 3 and not being able to be on work release because of the pending charges. Does he have any special rights to a speedy trial and will he get time served while being on the detainer?

    Any help would be greatly appreciated.

    Thanks

  • #2
    What does his attorney say?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by cbg View Post
      What does his attorney say?
      When he took the plea bargain for the sentence he is serving now she promised him he would be in a level 1, work release. He only got 30 months and it is a nonviolent crime. Since he has been in SCDC she has made no attempt to contact him. He has written a letter to his lawyer asking her why he is at a level 3 and when he will go back in front of a judge to get a bond on the pending charges and when they will be resolved. However, as of yet she has not responded to him. When he tries to contact her office they refuse the call because of course it is a collect call. I, too, have tried to reach out to his lawyer but she is not returning any of my call anymore, since he accept the plea bargain.

      Comment


      • #4
        Not to mention the fact that his attorney has no obligation to speak to anyone but him.

        His attorney knows far more about the case than anyone on a message board can, and we are not in a position to second guess him.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Maybe there is nothing more she can do since he took the plea bargain. Can you physically go to the lawyer's office to talk to her? Can you get another lawyer's opinion?
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            And if she does, the lawyer is free to say, "Sorry, you're not my client, I'm not answerable to you".

            Just a reminder.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Generally you can always change lawyers though the original lawyer already knows all about the case. Was this a lawyer appointed by the court or one that was hired? You can't change court appointed lawyers normally without a good cause.

              It could be the lawyer is working on the case & doesn't have anything to report as of yet.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Originally posted by Betty3 View Post
                Generally you can always change lawyers though the original lawyer already knows all about the case. Was this a lawyer appointed by the court or one that was hired? You can't change court appointed lawyers normally without a good cause.

                It could be the lawyer is working on the case & doesn't have anything to report as of yet.
                When he took the plea bargain his lawyer promised him he would be at a level 1. Everyone know he would have pending charges, him, his public defender, the solicitor. I spoke to the solicitor and the public defender and my husband and I were both promised he would be at a level 1. I am just so beyond disappointed in our criminal justice system. It is one lie after another and no one is accountable. Everyone claims they "don't know" what is going on. Our prison system is nothing but a industry that uses slave labor.

                Sincerely,

                Believed in the system, now incredibly let down.

                Comment


                • #9
                  Originally posted by cbg View Post
                  Not to mention the fact that his attorney has no obligation to speak to anyone but him.

                  His attorney knows far more about the case than anyone on a message board can, and we are not in a position to second guess him.
                  I understand that his lawyer would know more about the case than a message board but when no one will answer my questions (yes, I, also, understand that she has no legal duty to talk to me) and he is in prison with no way to communicate to her besides in letters, which she is ignoring, what are we supposed to do? I am not asking for legal advice to stand with in court or to fight the lawyer on, I am simply asking for a little guidance and if anyone knows more than me pointing me in the direction to get some info. That is all I wanted. I never asked for any second guessing the lawyer, only a few suggestions or ideas to point me to where I can find information on my own.

                  There seem to be a lot of "smart" people on here. If you do not have anything productive to say then why comment. Is it just to make people feel stupid? Well, if that is what it is, sorry, you have the wrong one. I am not a lawyer or a doctor but I am in no way stupid. I simply want to help someone who cannot help himself.

                  The prison he is in feeds them 2 times a day and those meals consist of 1 cheese sandwich and a bowl of expired cereal. The cells never get cleaned nor do the showers and they smell like urine. There are bolts sticking out of the floors throughout the facility, paint peeling off the walls (in large amount), tiles missing, and open vents. Inmates have keys that they have made out of material on the floor that gives them access to all areas in the facility. They smoke cigs and weed beside the COs. Inmates walk around with knives in their pockets, protruding out of the top of the pockets. There are boxes of chicken that say "not for human consumption" and every other cell has cell phones. My husband does not deserve to be in a facility like this! He noted 15 knives being carried by inmates in a 30 mins period, all in sight and the COs could see, as well but they do nothing. He has a 30 month sentence and 2 pending charges, one of which is going to be dismissed and he is housed in a Disciplinary Dorm, the 2 worst dorms in SC are both located at Lee Correctional and he is in one of them. He has no behavioral issues and I am not understanding why he is there but no one seems to know.

                  Inmates are people not animals and they are being treated inhumanely. I hope no one ever has a loved who gets incarcerated, especially in SC because then you will understand how the rest of us feel. It is always easy when you are on that side but nobody is above finding themselves in my situation.

                  I will proceed to other avenues to address my concerns. I just thought this was a site I could get helpful information.

                  Thanks for the comments.

                  Sincerely,

                  Disappointed in the American Judicial and Penal Systems.

                  Comment


                  • #10
                    The problem is, your expectations of what a message board can supply you with are too high. We have no way of knowing what will happen or whether he will get credit for time served or what the procedures are in your area to change his level.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      The bottom line is you need the help of a lawyer or someone who can give you more information than we can.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment


                      • #12
                        Originally posted by cbg View Post
                        The problem is, your expectations of what a message board can supply you with are too high. We have no way of knowing what will happen or whether he will get credit for time served or what the procedures are in your area to change his level.
                        I just wanted some info. I will continue my search. Having law books referred to me or how to go about getting some info was all I wanted. I thought maybe someone might know about detainers and inmates rights in America. I have found some info on my own in regards to inmate rights and the Constitution, like that's a document that means anything anymore. LOL :-( There is little to no info for SC law, I just thought someone could point me in the right direction. However, the men at his prison have stated that I should try West Law, so I am.

                        Thank you for your response.

                        Comment


                        • #13
                          Good luck on your search for answers - sorry we couldn't be of more help.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment

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