Need advice about helping a friend in jail

[puffgrendel]

Georgia is my state.

A friend of mine is in jail on what is, in theory, a fairly serious charge,
but she will almost certainly be able to get leniency from a judge
because of extenuating circumstances. But she nees a private attorney,
because it appears that nothing is happening with the public defender,
after more than a month -- no bail, no transfer (as the defender said
would happen), and he has never even visited her. She is marooned.

The above is a bit vague (i.e. terse) because the question I have at
this time is about a related matter. She receives SSI checks, but
cannot cash or deposit them while she is in jail. We need the money
to hire an attorney. She wants to grant me power of attorney so I
can deposit the checks for her. Can I just download a standard Georgia
power-of-attorney form from the internet?

The second problem is, the banks are giving me the runaround. They
say that even with power of attorney, and even with her signature on the
check with the check signed over to my name, I cannot deposit the checks
in my account unless she is present at the check signing, which she cannot
be, of course. She cannot open an account in her own name unless she
has a picutre ID, which she does not because the police took it.

Any suggestions would be appreciated. Thanks.

 

[CdwJava]

I believe that the SSI checks may stop coming once they find out she is in custody. It depends on what they are for, however.

Unfortunately, she is now in a quandry.

You may also be a little mistaken as to what miracle you think a private attorney can perform compared to a publicly paid attorney. The public defender knows the local court system and players better than most private attorneys, and could likely tell his client whether all these "extenuating circumstances" will really help or not. Far too often people think they have a good defense or explanation when, in reality, they do not.

If the current attorney does not see any merit in the information, it may be because there is no merit in the info. The difference being that a private attorney might cost you $2,500 or more just to present the info to the court to be rejected. Private attorneys DO more because they are paid by the hour. The more stuff they do to look busy for their client, the more they are paid. And if they look busy, the client is happy.

Sorry about the pickle regarding the money, but there may be no easy way around it. It's kinda hard to open a bank account from jail.

- Carl

 

[tranquility]

It's a good thing you haven't been able to "help" your friend with the SSI check. It's possible it may be a crime. Check out with the Social Security Adminitstration to see if being jailed while awaiting trial would fall into the following.

From the Social Security Online website at:
http://www.ssa.gov/pubs/10133.html

What Prisoners Should Know About Social Security
Social Security and Supplemental Security Income (SSI) benefits generally are not payable for months that you are confined to a jail, prison or certain other public institutions for commission of a crime. And, you are not automatically eligible for Social Security or SSI benefits when you are released.

 

[puffgrendel]

thank you much for the advice ... grim though it may be

Thank you. I am thinking about all this. Maybe I should just try
to continue getting the public defender to return my calls ...