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Author Topic: Husband is incarcerated on a false charge, HELP ME  (Read 188 times)

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Offline MHerring

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Husband is incarcerated on a false charge, HELP ME
« on: March 04, 2019, 10:21:47 PM »
Ok, so I need some help obtaining a copy of the test results that were done on the drug my husband was in possession of as well as something stating what the police say was the actual weight of the drug as well. I need a copy of the arresting officers actual report, where can I go to obtain these copies? and when caught in possession of a drug does the container the drug was stored in get weighed also??

Offline robin in ohio

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Re: Husband is incarcerated on a false charge, HELP ME
« Reply #1 on: March 04, 2019, 11:57:30 PM »
MHerring you can get copies of all this at the county court house were he was sentence at. Just go in to the County Clerk's Office it's all in his file and it's public information.

Offline Father

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Re: Husband is incarcerated on a false charge, HELP ME
« Reply #2 on: March 05, 2019, 06:07:08 AM »
Your husband during the trial should have had access to it and his lawyer should have reviewed it with him.  In my experience most of this info is not pubic information only the arrest and sentencing.  Trying to get copies of the information tied to the case requires a court order or if his lawyer was good should have made a copy of everything and have it on file.  I was able to receive the info collected on my son thru our lawyer otherwise in Illinois it is a process.  If you can't get it this way.  You will have to ask a court to order law enforcement to turn over the info to you and then be expected to pay for the copies.  Yes it sucks.
Case in point look at the Steven Avery case.  His lawyer has to get all his information by court order. 

Offline MHerring

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Re: Husband is incarcerated on a false charge, HELP ME
« Reply #3 on: March 05, 2019, 08:19:03 AM »
Also, the weight amount he had on him was less than a quarter gram, his charges on his mittimus says more than 5 grams, why would it read this way? So that means they prosecuted him then for the wrong amount and punished him using a whole higher bracket?? If this is true what do i do now? Is he falsely imprisoned then? Our lawyer was a public defender and a joke. The officer that arrested my husband was the man that my dad ran against and lost to for County Sheriff

Offline 3tenjen

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Re: Husband is incarcerated on a false charge, HELP ME
« Reply #4 on: March 05, 2019, 09:13:32 AM »
Ugh what a mess. Yes what Father said. The public defender should have requested full discovery during trial. You’ll prob need to hire an attorney now, or do the work yourself pro se at. If you find the right orders and file a motion to start the process.

Offline MHerring

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Re: Husband is incarcerated on a false charge, HELP ME
« Reply #5 on: March 05, 2019, 05:12:13 PM »
3 tenjen  I cant afford another attorney I am going to have to do this one all on my own, so can anyone tell me where I need to start and who I need to contact and what motions if any need filed and what documents do i need to obtain. Is there any reason for me to go through the court system in my county again or do i just need to gather the physical evidence and provide the warden and or springfield with my findings?

Offline Father

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Re: Husband is incarcerated on a false charge, HELP ME
« Reply #6 on: March 05, 2019, 09:19:55 PM »
MHerring

I feel your pain and its hard to get past the emotional portion of the loss.  I went thru the same issue with my son.  What would have been a 3 to 4 year sentence in another county turned into an 8 year sentence due to a new judge and a prosecutor who had a personal interest in the case.  Unfortunately Springfield and IDOC will not help you and you will have to fight it thru the court system.  If it is not too late you should file an appeal.  I cannot help you there and recommend you speak with a lawyer. A public defender can file an appeal and request the information you are looking for.  If the law wasn't applied correctly than you should be successful but it will take year(s) to make it way thru the system. 
Alot depends on what the drug was.  If it was low level stuff and the difference is between under and over 5 grams.  The sentencing range overlaps and he may still wind up with the same sentence.  Just Saying.

I have learned that the criminal justice system doesn't care about the truth or justice.

Good Luck 

Offline MHerring

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Re: Husband is incarcerated on a false charge, HELP ME
« Reply #7 on: March 06, 2019, 12:25:51 AM »
@ Father... thank u for your reply and honesty. I greatly appreciate it!

Offline 3tenjen

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Re: Husband is incarcerated on a false charge, HELP ME
« Reply #8 on: March 06, 2019, 05:51:19 AM »
Have you tried communicating with the public defenders office at all? Maybe start there. See what they’ll give you or ask to come in and review the files just to see what’s there so far. Maybe then FOIA request. Next if they don’t help or drag the bs out, I’d file an order pro se requesting discovery. You can get all the forms on the county’s website. Then you fill them out and have to pay the filing fee. You can file an appeal on your own.