PRISON INQUIRY
New York
FRANZBLAU DRATCH P.C. is a well-known reputable law firm, practicing in both New York and New Jersey and specializing in, amongst other areas of law, Prisoner’s Rights. More particularly, our New York services include:
- Preparation Of Administrative Appeals From Parole And Temporary Release Program Denials- Unlike most of the boiler plate submissions made by or on behalf of inmates who have been denied temporary work release or 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 Article 78 Petition challenges and appellate appeals.
- Counseling Services That Permit The Submission Of Optimal Parole And Temporary Release Documentary Packages In Support Of Temporary Release Applications And Parole Hearings- We provide guidance and assistance in the preparation of letters and other documents that will support and enhance an inmate’s chance for success both at their Temporary Release and Parole hearings.
- Article 78 Petitions challenging temporary and parole release denials- Recent decisions from the State’s Supreme Courts and Appellate Divisions have resulted in an increasing number of parole denial annulments and the concomitant granting of de novo hearings. With increasing frequency, inmates are being released at these re-hearings and where again denied are achieving some measured success on subsequent Appellate Division appeals. A clear trend now exists whereby courts are more receptive to reviewing and reversing parole release denials. Recent developments, in large part responsible for this recent trend, is that the courts, particularly in the First and Second Departments, have with increasing frequency allowed venue to be laid in the county where the crime was committed. As a result, no longer can the Parole Board rely on Article 78 Petitions being heard in either Albany County (principal office of the Parole Board) or in some western or upstate region of the State (facility location) where predetermined proclivities toward denial of parole is an almost foregone conclusion.
- CPL 440.10 & 440.20 Motions Challenging The Legality Of Convictions And Sentences- Article 440 motions challenge the legality o a conviction or sentence. That is, if the conviction or sentence was imposed improperly (not following legal standard), then the conviction or sentence may be thrown out. If the Article 440 motion is 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 petition are claims 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 violations of his/her federal rights, and not necessarily based upon innocence. There is not 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.
- Court Of Claims Suits Seeking Compensation For Personal Injuries- these claims are for injuries sustained as a result of (1) excessive force by correctional officers or (2) or 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 Seeking 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 Untied 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.
IF YOU HAVE A DETAINER LODGED AGAINST YOU, FROM ANOTHER STATE OR FROM THE U.S. GOVERNMENT, WE MIGHT BE ABLE TO ASSIST YOU IN RESOLVING OR REMOVING SAID DETAINER.
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.
Our fees for the above listed services are as follows:
Administrative Appeals - $1,500.00
Article 78 Petitions - $2,500.00
Documentary Packages for Temporary Release or Parole - $1,250.00
CPL 440 Motions - $2,000.00
Federal Habeas Corpus Petitions - $2,000.00 to $3,000.00
Detainer Issues - $2,000.00 to $2,500.00
Our fees for litigating claims for monetary compensation in the Court of Claims 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.
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.
