Attention: Members of the Incarcerated Community &
All Others Concerned
Subject: Paralegal Services
For The Incarcerated and Others
Reason: Explaining
The Services We Provide
Dear: Members of the
Incarcerated Community & All Others Concerned,
We are pleased to provide you
information regarding the Paralegal
Services Division of the F.O.C.I.S. MOVEMENT. As you may already know, the
F.O.C.I.S. MOVEMENT was created by law students from Columbia University,
Cornell University, Syracuse University and New York University. Its mission
and purpose is to bring attention and awareness to the injustice that lies in
the New York State Department of Corrections, Judicial System and Law
Enforcement. We have enacted a Paralegal
Services Division to the movement which provides the incarcerated community
limited legal assistance in the preparation of their motions and briefs in
Criminal and Civil cases. We should inform you that we are not lawyers and therefore cannot represent you in a court of law
or substitute our legal advice or research for that of competent counsel.
However, pursuant to 5 U.S.C. 555, Sperry v. Florida 373 U.S. 379 and Bounds
v. Smith 430 U.S. 817, we are allowed to prepare legal documents for you,
at which time you would review them for accuracy and either file them in the
courts pro-se (on your own) or submit
them to a lawyer for representation. If you decide to proceed pro-se, we can
assist you in getting your paperwork filed in the courts and help you appeal to
the highest level, if needed. If you seek representation by counsel, we can
present your case to the lawyers we work closely with and hopefully they will
represent you on the motion we have prepared for you, but we offer no
guarantees in this area.
We also have experience in
Representation By Proxy, which entails handling prisoners’ personal, business
and legal affairs through the laws of Power of Attorney (POA). If you hire us
as your “chosen agent” through a POA agreement, you grant us authorization to
serve in place of the principal (you) who is either not available (or) who
lacks the skills and ability to perform a needed or required function that can
best be performed by the experienced agent. Although in some jurisdictions an
agent can function in a court of law for their principal, the agent cannot appear as an attorney for the principal. Rather,
the agent serves only in place of the principal (e.g., the principal proceeding
pro-se and the agent appearing in their place). Please understand that if we
decide to act as your POA, we will be verbally advancing your pro-se arguments in a court of law if oral arguments are
permitted, so it is vitally important that we are in full agreement as to what
needs to be said to the courts. Below we will explain the legal areas that we
have expertise in. They are as follows:
- Administrative appeals.
- Article 78 petitions from misbehavior convictions.
- CPL 440.10 & 440.20 motions challenging the legality of convictions and sentences.
- Habeas corpus proceedings challenging convictions and sentences obtained in violation of an inmate’s constitutional rights.
- Court of claims suits seeking compensation for personal injuries.
- 42 U.S.C. Section 1983 federal lawsuits seeking compensation for injuries sustained as a result of the violation of prisoner’s constitutional rights.
- Direct appeals to the Appellate Division from judgments of conviction.
- Error Coram Nobis applications to the Appellate Division.
- Clemency petitions.
Regarding the preparation of
administrative appeals on behalf of inmates who have been convicted of
misbehavior violations, our office carefully tailors each appeal to the
individual circumstances of each inmate’s case. In this way, we believe that we
immeasurably increase the chance for a successful outcome.
Inmates who hire us to challenge their
misbehavior/criminal conviction should be aware of the importance of presenting
appropriate supportive documentation in advance of submitting their appeal.
Such submission should include all pertinent supportive documentation. Included
in the services that we offer is counseling to help put together the most
optimal package designed to enhance the chance of success at these proceedings.
DISCIPLINARY CONVICTIONS CHALLENGED THROUGH
ARTICLE-78 PROCEEDINGS:
Article 78 Proceedings are available
to challenge misbehavior convictions. For example, in Matter of Santiago v.
Fischer, the Third Department granted the inmate a new hearing after
finding that the Hearing Officer had improperly failed to allow the petitioner
to call a third correctional officer to testify at his disciplinary hearing.
The inmate had allegedly been involved in an altercation with correctional
officers during a search of his cell, and was charged with assaulting and
interfering with staff, refusing a direct order, engaging in violent conduct,
and causing a disturbance. At his hearing two officers involved in the incident
testified, but the Hearing Officer refused the inmate’s request for a third
officer to testify on the ground that his testimony would be repetitive.
Inmates facing a disciplinary proceeding at which good time may be lost have a
constitutional right to call witnesses provided that the witness has relevant
testimony, would not be redundant and would not jeopardize institutional
security. The Third Department held that the Hearing Officer erred in barring
the inmate from calling the third correctional officer. His testimony would
likely have not been redundant because his written version of the incident
differed from the versions testified to by the two officers at the hearing.
Perhaps the most important element enhancing an inmate’s
probability of succeeding is that he or she be represented by competent counsel
or POA so as to insure that the importance of all issues are properly presented
and preserved for appellate review, if that becomes necessary. Aside from the
importance of the quality of the petition, most Courts, when affording oral
argument, will do so only when inmates are represented by counsel or POA. These
oral arguments can have an important effect on the ultimate outcome of the
proceeding. Once we complete the draft copy of your legal brief, we can present
it to three law firms that we work closely with, requesting that they accept
your case. Please understand that there will be an additional fee if counsel
accepts your case.
CPL 440.10 & 440.20 MOTIONS CHALLENGING THE
LEGALITY OF CONVICTIONS AND SENTENCES:
Article
440 motions challenge the legality of 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 vacated. If the Article 440 motion is
successful, a new trial will in all likelihood ensue and/or a new sentence will
be imposed.
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 of the conviction and
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 no 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 or a federal law, 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) a correctional facility’s
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; or (2) excessive force by correctional
officers.
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 secured by
the United States Constitution and federal laws. This law makes liable every
person who by virtue of such deprivation causes injury to another person. These
suits include injuries occasioned by, amongst other things, (i) assault, (ii)
prison conditions and (iii) health issues and inadequate medical care.
Should we determine that your
matter has merit and therefore be retained, our fees are as follows:
Administrative appeals from
misbehavior convictions $500
(two
issues raised)
Article
78 petitions challenging misbehavior convictions $1200
(filing fees are additional) (two
issues raised)
Post conviction collateral
motions to vacate convictions and sentences; $800
motions to withdraw guilty pleas (per
issue raised)
Error coram nobis (inadequacy
of appellate counsel) $800
( per
issue raised)
Clemency petitions $1500
Federal habeas corpus
petitions $1000
(per
issue raised)
Direct appeals $1200
per
issue raised
42 U.S.C. 1983 federal
lawsuits $500
per
issue raised
plus
contingency fee
Court of claims suits seeking
compensation for personal injuries $500
per
issue raised
plus
contingency fee
In addition to the above
costs, you will be required to pay all administration fees in handling your
litigation. The following is a list of some of the fees associated with
litigating your case:
1) Letters you send us must be scanned into our
computers and saved into your digital folder so that all files remain organized
and accessible. For this service we must charge 20¢ per scanned page.
2) All of your legal briefs and motions must be
professionally typed and edited by our editors. For that service we must charge
$6.00 per typed page.
3) If we must make any copies of your legal documents
and mail them to you or anyone else, we must charge a service fee of 20¢ per
copied page.
4) If we must mail any of your legal documents to you or
anyone else, we must charge you the cost of shipping and handling.
5) Any court fees, surcharges, filing rates, etc… will
be charged to your cost of litigation.
As stated above, it is
important to note that these fees are in addition to the above cost in
perfecting your brief, motion, lawsuit, etc… So for instance, if you wanted us
to handle a Federal Habeas Corpus Petition for you, your bill would be $1000.00
plus above administrative costs.
IN CLOSING:
We do not believe that the incarcerated community should
be financially exploited by those in the legal profession and so, with that in
mind, we have set our prices at a rate that is reasonable to our clients and sufficient to keep our office up and
running. Since we are already offering our services will below what law firms
normally charge, we cannot handle any pro-bono work and cannot afford to
respond to letters seeking pro-bono assistance. We apologize for this
inconvenience. If you are interested in retaining us to assist you with your
pro-se endeavors, please start by filling out the attached questionnaire with
as much information as possible and return it to us. We will evaluate the
information you send us and respond with a decision on whether or not we can
accept your case and a quote on a retainer fee. If you decide to send us legal
materials, PLEASE SEND ONLY COPIES OF
DOCUMENTS OR OTHER MATERIAL FOR REVIEW. IT IS IMPORTANT THAT YOU RETAIN THE
ORIGINAL DOCUMENTS AS WE CANNOT BE RESPONSIBLE FOR DOCUMENTS OR MATERIAL THAT
MAY GET LOST IN THE MAIL OR AT YOUR FACILITY.
We look forward to helping
you vindicate your rights in court or through other appropriate channels.
Yours
truly,
Posha Jenson-Senior Paralegal
Desiray
Madison -Executive Director
518-400-0917
P.S. ALL payments should be
made payable to:
Madison Avenue Entertainment
Group
P.O. Box 8455
Albany, NY 12208
Attention: Desiray Smith
DesirayMadison2018@gmail.com
Note: Madison Avenue Entertainment is the parent
company to the F.O.C.I.S Paralegal and Advocacy Group
If you would like a Response
to any of your future letters, please enclose two (2) U.S. Postage Stamps in
your envelope.
The F.O.C.I.S. Paralegal Team
We are proud members of:
The Better Business Bureau
American
Civil Liberties Union
American Bar Association
National Lawyers Guild
ARE YOU TIRED OF BEING RAILROADED BY THE
CRIMINAL INJUSTICE SYSTEM? WHEN THEN, IT’S TIME YOU GET FOCIS’D
THE F.O.C.I.S. PARALEGAL
QUESTIONNAIRE
Name: _________________________________________ I.D. # ________________________
Facility Name:
_________________________________________________________________
Address: ______________________________ City, State,
Zip __________________________
Any contacts on the outside? (mom, girlfriend, etc.?
Please supply any contact info you have for them)
______________________________________________________________________
_____________________________________________________________________________
Date you were incarcerated: ________________ Maximum
release date: __________________
Conditional release date: __________________ County
of conviction: ____________________
Sentence (how much time did the Judge give you?):
___________________________________
Did you go to trial? __________________ Or plead
guilty? _______________
What charge were you convicted of?
_______________________________________________
Did you appeal your case to the Appellate Division?
_______ To the Court of Appeals? _______
Did you file a Habeas Corpus Petition in Federal
Court? ________________________________
Have you filed a C.P.L. 440.10 Motion?
_______________ Did you appeal? ________________
Place a check next to the Legal Brief you would like
us to help you with:
C.P.L. 440.10 Motion _______ Direct Appeal ________ 1983
Federal Lawsuit ______
Court of Claims Lawsuit ______ Habeas Corpus Petition _____ Article 78 ________
Administrative Appeal _______ Disciplinary Appeal _____ Clemency
Petition ______
Error Coram Nobis _______ Other __________________________________________
Explain briefly what type of
legal documents you want us to prepare for you and the issue we will be working
on. Do you have any transcripts, affidavits, or any kind of documents that
support your claim of a constitutional violation or actual innocence? If so,
send us COPIES of them or
explain them to us so we can have an understanding of that needs to be done.
Also, let us know how you plan to pay for our services (by institutional check,
money order, credit card, PayPal, through family members, etc.). If you need
more space to explain your case, just attach another sheet of paper.
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