PRISON INQUIRY
New Jersey
Preparation of Administrative Appeals from Parole Denials - Unlike most of the boiler plate submissions made by or on behalf of inmates who have been denied parole, we carefully tailor each appeal to the individual circumstances of each inmate's case. In that fashion, we are able to immeasurably increase the chance for a successful outcome as well as making certain that all relevant issues are preserved for subsequent appellate challenges.
Appellate Division Application - Application to the Appellate Division challenging parole release denials as being arbitrary and/or in contravention of existing administrative rules and regulations and of the law.
Counseling Services That Permit the Submission of Optimal Parole Documentary Packages in Support of Parole Hearings - We provide guidance and assistance in the preparation of letters and other documents that will support and enhance an inmate's chance of success at Parole hearings.
Rule 3:20 PCR Motions Challenging the Legality of Convictions and Sentences – Rule 3:20 PCR motions challenging the legality of a conviction or sentence. That is, if the conviction or sentence was imposed improperly (not following legal 3:20 standard), then the conviction or sentence may be thrown out. If the motions are successful, a new trial or a new sentence will be received.
Habeas Corpus Proceedings Challenging Convictions and Sentences Obtained in Violation of an Inmate's Constitutional Rights - A petition for habeas corpus is a post-conviction proceeding in which the courts will consider whether the government violated an inmate's federal rights during the direct review of his/her case. It is considered a "collateral" (indirect) attack on the conviction, as opposed to a direct appeal, which focuses on the trial record itself. Claims raised in a habeas petitions that are not apparent from reading the record - other facts are needed to prove the claim. As part of direct review, an inmate has the constitutional right to a trial and appeal. A habeas petition is an alternative argument seeking an inmate's release because of a violation of his/her federal rights, and not necessarily based upon innocence. There is not an automatic right to habeas review. A petition for such review is required. If the court agrees that the conviction or sentence violates the federal constitution, a federal law, or treaty, it can order a re-sentencing, a new trial, or immediate release.
New Jersey Suits Seeking Compensation for Personal Injuries - these claims are for injuries sustained as a result of (1) excess force by correctional officers or (2) a correctional facilities negligence in (i) properly protecting inmates from injuries by other inmates (ii) providing adequate medical care (medical negligence) or (iii) adequately and properly maintaining its premises.
42 U.S.C. Section 1983 Federal Lawsuits Seeing Compensation for Injuries Sustained as a Result of the Violation of Prisoner's Constitutional Rights - these lawsuits relate to seeking redress for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws. This law makes liable every person, who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected any person who is a citizen of the United States, inclusive of incarcerated inmates, to injury occasioned by any such deprivation. These suits include injuries occasioned by, amongst other modalities, (i) assault (ii) prison conditions and (iii) health issues in adequate medical care.
One of the most important elements in enhancing an inmate's probability of success in the above-described matters is his/her representation by an attorney. To an overwhelming extent, our courts provide significantly more serious consideration to matters presented by inmates represented by counsel. Unfortunately, those matters litigated pro se by inmates are given short shrift by the courts.
At FRANZBLAU DRATCH, our skills in matters of prisoner's rights have been developed and honed over many years of experience. As a result of this experience as well as the genuine care we afford our clients and the deprivations of their rights, we have enjoyed much success in the area of prisoner law.
Should you be interested in retaining our services to represent you with regard to any of the services described above, kindly fill out and mail back the enclosed form together with your check for $400.00, which will cover the review of your file and related materials. Upon receipt, we will provide you with more detailed information, including our fee schedule. Additionally, feel free to have a family member contact us and we will be glad to discuss any questions or concerns you or they may have.
Please endeavor to send only copies of documents or other material for review. It is important that you retain the original documents as we cannot bear responsibility for documents or material that may get lost in the mail or at your facility.
Our fees for the above listed services are as follows:
Administrative Appeals $1,500.00
Documentary Packages for Parole Release Application $1,000.00
Appellate Division Applications $1,250.00 - $1,500.00
Rule 320 PCR Motions $1,250.00 - $1,750.00
Federal Habeas Corpus Petitions $2,000.00 - 3,000.00
Our fee for litigating claims for monetary compensation against the state of New Jersey and/or its agents. New Jersey area or in the Federal Court pursuant to 42 U.S.C. 1983 is contingent upon the success of the case. In most circumstances such fees are equivalent to 1/3 of the monies recovered. Attorney's fees awarded by the court shall be applied to and thus reduce the 1/3 fee.
Should you be interested in inquiring about our services on behalf of a friend or loved one that is currently incarcerated, click here to fill out our Prison Inquiry form.
After reviewing your form, we will promptly telephonically or by written communication contact you and advise whether we believe that we can be of assistance. If so, we will discuss appropriate financial arrangements for retention of our services.
Franzblau Dratch is a general practice law firm of 9 attorneys tracing its roots back to 1961. The firm has a varied practice serving a diverse clientele ranging from professional corporations, individuals and family owned businesses to publicly held corporations, public utilities and banking institutions. Franzblau Dratch specializes in, amongst other areas of law, Prisoner’s Rights. While most of our clients are New Jersey and New York based, increasing numbers of out-of-state clients and their counsel have selected the firm to represent their interests in New Jersey and elsewhere. Our office is located in Livingston, NJ, a half hour outside of NY City. The Franzblau Dratch objective is to provide legal services to its clients in a comprehensive yet cost conscious and cost-effective manner and to reflect and pursue the highest legal and ethical standards.
