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denied court records

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frustratedmomrj

Junior Member
What sort of court case is this that has resulted in your son's incarceration? What court?
In Feb 2016 he was charged with criminal contempt 2nd and criminal possession of a weapon 4th for illegal deer in Nov 2015. Back in 2004 he had a non-violent felony charge .The judge back then told him that if he stayed clean for a yr he would give him hunting privileges. Apparently there was some permit that the judge should have given him and failed to do so.So my son has been with the understanding that he could hunt and has been doing so ever since.
Anyway for the contempt charge he was given 3yrs probation and the weapons charge he was given 6 months of weekends in jail. He showed up on a Fri to do his wkend with alcohol of his breath. So of course the jail contacts the judge.That following Monday the judge gave a friend of ours a sticky note to give to my son with date and time to be in court. The judges words when he gave her the note " he really screwed himself this time and I'm going to have to teach him a lesson "
So when my son went to court the judge said to him " this is your hearing but I have a plan for you ". 9 months straight time out in 6 months with good time and no probation. Now the judge,DA and his lawyer are saying when he gets out that he is still on probation and he also violated that so that will be dealt with when he gets out. Also...HIS PROBATION OFFICER WAS NEVER NOTIFIED OF ANY OF THIS. We were with the understanding that he is doing the 9 months because he violated his probation....That's what was said in court. Now they are telling us he is in jail for violating the terms of the jail. We cannot get a straight answer out of the judge DA or his lawyer.Their stories have changed several times.
This is why I want copies of his records and transcripts and I have been denied. My son has also ask for his records and been denied..It's like they are hiding something. His lawyer is not fighting for him he seems to just be going with whatever the court says
 


Ohiogal

Queen Bee
Your son could be charged under federal law. The feds do NOT permit your son to ever have a weapon: http://www.supremecourt.gov/opinions/15pdf/14-10154_19m1.pdf
So he will NEVER be able to hunt, target shoot, or own a gun. Being a felon was a CHOICE he made.
 

Ohiogal

Queen Bee
In Feb 2016 he was charged with criminal contempt 2nd and criminal possession of a weapon 4th for illegal deer in Nov 2015. Back in 2004 he had a non-violent felony charge .The judge back then told him that if he stayed clean for a yr he would give him hunting privileges. Apparently there was some permit that the judge should have given him and failed to do so.So my son has been with the understanding that he could hunt and has been doing so ever since.
Anyway for the contempt charge he was given 3yrs probation and the weapons charge he was given 6 months of weekends in jail. He showed up on a Fri to do his wkend with alcohol of his breath. So of course the jail contacts the judge.That following Monday the judge gave a friend of ours a sticky note to give to my son with date and time to be in court. The judges words when he gave her the note " he really screwed himself this time and I'm going to have to teach him a lesson "
So when my son went to court the judge said to him " this is your hearing but I have a plan for you ". 9 months straight time out in 6 months with good time and no probation. Now the judge,DA and his lawyer are saying when he gets out that he is still on probation and he also violated that so that will be dealt with when he gets out. Also...HIS PROBATION OFFICER WAS NEVER NOTIFIED OF ANY OF THIS. We were with the understanding that he is doing the 9 months because he violated his probation....That's what was said in court. Now they are telling us he is in jail for violating the terms of the jail. We cannot get a straight answer out of the judge DA or his lawyer.Their stories have changed several times.
This is why I want copies of his records and transcripts and I have been denied. My son has also ask for his records and been denied..It's like they are hiding something. His lawyer is not fighting for him he seems to just be going with whatever the court says
Your son is a felon who broke the law. He had no rights to EVER have a gun. Criminal contempt is a separate charge than criminal possession. He then shows up at jail having been drinking? Probationers are NOT allowed to drink.

Have you paid for the transcripts? Those are usually 3.75-4.00 a page. Attorneys don't just automatically have them.
 

Silverplum

Senior Member
Son needs to contact his attorney in writing and request his records. He should be prepared to pay for the copies. Mom can't do his work for him. Mom can pay, but cannot request or discuss.

Clear enough now?
 

quincy

Senior Member
You can use the following Digital Media Law Project link to access New York's Freedom of Information Law, which includes how to make a request for public records:

http://www.dmlp.org/legal-guide/access-public-records- new-york
 

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