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PAROLE REPRESENTATION FOR THOSE SEEKING RELEASE FROM PRISON

Habern, O'Neil, & Pawgan approaches parole representation in three distinct stages.

Stage One (EVALUATION)

Once the firm is engaged, an attorney from the firm visits the inmate at his/her prison location. During the legal visit, the attorney obtains the legal history of the inmate, the inmate's view of the crime(s) committed, the accomplishments of the inmate while incarcerated and the parole plan for the inmate's return to society. We strongly suggest we be employed a minimum of six months prior to a parole presentation date. Although we can complete the entire process in a shorter time, complicated cases may take longer.

Based upon that initial legal visit and certain personal information the client will be asked to provide, we will prepare a summary evaluation in the case if we feel there is no prospect for a successful parole vote. In that evaluation, we will elaborate on the problems with the case and the basis for our opinion. This gives the client and family an opportunity to decide whether to go forward with the representation before having paid the entire fee in those cases where we simply think we cannot be of help to the client.

Efforts also begin to locate relevant documents from the court of conviction(s) and those documents available for release from the prison and other sources. these documents will be important in the next stage.

Stage Two (DEVELOPMENT)

The Development Stage of representation is specific to the individual's needs. During this stage we begin analyzing the documents we began collecting in stage one, and we asses whether the client will need additional outside evaluation by licensed chemical abuse specialists, psychological testing and/or examination by psychologists and/or psychiatrists. At times we suggest there be a polygraph examination where that is the only way to substantiate a claim being made by the client. There are also those cases where we deem it necessary to have an examination by "Free World" medical specialists, and/or other specialists dictated by the nature of the criminal history.

This stage can be a lengthy process. The recommendation for specialists and the performance of those specialists' evaluations are often the key to answering the known questions Parole authorities may formulate before parole can be granted in a particular case.

During development, the family and supportive persons will be asked to write and provide letters describing the type support the family may be able to provide the inmate. Offers of employment and the availability of educational training and medical attention in the community will also be stressed. In some cases the family will be encouraged to prepare a videotape of the parolee's eventual place of residence and the persons who will be the support group.

Stage Three (PRESENTATION)

The final stage of representation in parole matters is the preparation of a well written and complete document that clearly defines the crime committed from the state's point of view contrasted against our client's version of the facts. Acceptance of responsibility and all mitigation of the facts are contained in the Prospectus. A review of the client's prison history, and efforts at rehabilitation are reviewed. A well defined parole plan which includes employment possibilities and any special needs that the client may require are presented. The results of the evaluations by specialists and any recommendation for treatment are also presented for the Board to review.

Considering the current Parole Board has but 7 members and that the prison now incarcerates 160,000 inmates, the time for review of an inmate's file is extremely limited. It has been estimated that Board members individually cast 10,000 votes per month. As a result, fewer Board members now grant face-to-face interviews than when the work load was at a lower level. When possible, our office presents every client's file before the first voting member of the assigned parole panel.

If you would like us to send you more information about parole representation, please contact our office.

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©2011 Habern, O'Neil, & Pawgan L.L.P.