cturley969
Junior Member
What is the name of your state (only U.S. law)? Alabama
I went to court in the Northern Dist of Alabama accused of 4 counts of health care fraud.
Question #1: I was indicted by grand jury in B'ham without notification. (I found out in the newspaper.) I was arraigned in B'ham and assigned an atty. There is a federal courthouse in my hometown. The one in B'ham is one hour drive away. BUT, I was then told that my case was being transferred to a judge in Huntsville, which is a two hour drive, and is also where my court appt atty is from. I thought that the court should be more convenient for the defendent than a choice by the atty and the US atty in charge. My atty told me that the judge in my case had been hand selected by the US atty because he would "throw the book" at me. Is this right?
Question #2: The lead US atty issued several statements regarding me to the press prior to court stating that I "was the reason why everyone's health care costs were so high." Was this not prejudicial to my right to a fair trial?
Question #3: My atty told me that I should agree to a plea bargain, and that If I did, he would guarantee me probation. I agreed under his pressure. Frankly, I did not want to. When the plea bargain came to his office, he called me. My sister had to drive me to his office and it took 2 & 1/2 hours at rush hour. He said that he had to leave to go to court, and that I should sign the agreement because it was everything he had promised. So, I signed. I got home and read the agreement. He LIED to me, big time. I would probably have gotten an easier sentence without the plea. I realized I had agreed to an 18 month sentence, that my atty had given me "exemplary representation," and no right at all to appeal my sentence. Literally, I had signed away every legal right I possessed. When we went to court, he did not even speak to me; he spent his time talking to the prosecutors and was clearly on very tight terms with them.
Question #4: When I went for sentencing, the judge refused to listen to any evidence of possible downward departures I might receive. (I am bipolar and in poor physical health--16 diff RX meds, am the sole support of my family, and have no criminal history.) Instead, he delivered a pre-written speech in court about how he was going to "make an example of me to show other people who might think of violating health care law what would happen to them," and "in this time of high insurance copays and the debate in Congress."
Is it ok for a judge to publicly state that he is making an example of a defendant?
Frankly, I am feeling very much railroaded and persecuted. I discovered that other defendants accused of higher dollar health care crimes than what I was accused of have received either probation or much shorter sentences than I have been in courts in Birmingham.
Please help me. Do I have any recourse in this case? The judge even wanted to remand me to a medium security prison that day in court, but he changed his mind because my family objected. Now, I have to call a probation officer every day, without fail, before 11 am. Any failure on my part is immediate revocation and remand. I have been told to report to the US Marshall's office in B'ham on January 27. I will not be told until then what type or location I will be sent to.
I went to court in the Northern Dist of Alabama accused of 4 counts of health care fraud.
Question #1: I was indicted by grand jury in B'ham without notification. (I found out in the newspaper.) I was arraigned in B'ham and assigned an atty. There is a federal courthouse in my hometown. The one in B'ham is one hour drive away. BUT, I was then told that my case was being transferred to a judge in Huntsville, which is a two hour drive, and is also where my court appt atty is from. I thought that the court should be more convenient for the defendent than a choice by the atty and the US atty in charge. My atty told me that the judge in my case had been hand selected by the US atty because he would "throw the book" at me. Is this right?
Question #2: The lead US atty issued several statements regarding me to the press prior to court stating that I "was the reason why everyone's health care costs were so high." Was this not prejudicial to my right to a fair trial?
Question #3: My atty told me that I should agree to a plea bargain, and that If I did, he would guarantee me probation. I agreed under his pressure. Frankly, I did not want to. When the plea bargain came to his office, he called me. My sister had to drive me to his office and it took 2 & 1/2 hours at rush hour. He said that he had to leave to go to court, and that I should sign the agreement because it was everything he had promised. So, I signed. I got home and read the agreement. He LIED to me, big time. I would probably have gotten an easier sentence without the plea. I realized I had agreed to an 18 month sentence, that my atty had given me "exemplary representation," and no right at all to appeal my sentence. Literally, I had signed away every legal right I possessed. When we went to court, he did not even speak to me; he spent his time talking to the prosecutors and was clearly on very tight terms with them.
Question #4: When I went for sentencing, the judge refused to listen to any evidence of possible downward departures I might receive. (I am bipolar and in poor physical health--16 diff RX meds, am the sole support of my family, and have no criminal history.) Instead, he delivered a pre-written speech in court about how he was going to "make an example of me to show other people who might think of violating health care law what would happen to them," and "in this time of high insurance copays and the debate in Congress."
Is it ok for a judge to publicly state that he is making an example of a defendant?
Frankly, I am feeling very much railroaded and persecuted. I discovered that other defendants accused of higher dollar health care crimes than what I was accused of have received either probation or much shorter sentences than I have been in courts in Birmingham.
Please help me. Do I have any recourse in this case? The judge even wanted to remand me to a medium security prison that day in court, but he changed his mind because my family objected. Now, I have to call a probation officer every day, without fail, before 11 am. Any failure on my part is immediate revocation and remand. I have been told to report to the US Marshall's office in B'ham on January 27. I will not be told until then what type or location I will be sent to.
