Can someone file a lawsuit while away in Prison?
I work at a Law Firm as a Paralegal. I have a friend who is a successful business owner, but has a shady background (he's done prison time). He's totally legit now and runs a company that hires a lot of people. Many of his employees are from his old poor neighborhood, and also have troubled pasts. I guess he has some kind of "Moses" complex and wants to save them. Unfortunately, many of them don't have the highest quality of character. I warned him that this would cause him problems, and advised him to hire a higher caliber of people. But he refused, saying if he hired people like that, they'd probably just steal his business idea and open their own company to compete with him! I mean... go figure. Well, a few of his employees robbed a bank and used one of his office note pads for the tellers note! It had his fingerprints on it! So the police arrested him. He ended up taking a plea, to avoid a longer sentence. And will go to prison in a few weeks. I felt sorry for him, but thought he brought it on himself for hiring thugs in the first place. So last week he called me after discovering his ex-accountant (another shady character) had cashed over $40,000 in forged company checks over the past year! He'd been so busy with projects, he hadn't been watching his company bank statements! I was furious with him. He has a bunch of thugs and ex-criminals on the payroll and and hadn't been watching his bank statements?!! How stupid! The bank is refusing to reimburse him for anything passed 60 days. Now he wants me to try and get my Law Firm to help him sue the bank! If I referred this check forgery case to my Law Firm and they find out he's going to jail for a Bank Robbery, won't that make me look crazy for referring him? What if the case doesn't settle right away and drags out? How would any Attorney reach him for any questions or depositions in jail? Is that even possible? Should I just tell him that my Firm won't take it and spare myself the headache? I really don't want him badgering me while he's in prison about how his case is going, if my firm handles it. Any advice?
Want to file a suit against the prison? That’d be the only instance where you’d want to be locked up a LONG LONG time. But, yes. You still have the right to file suit against the prison or anyone else.It won’t be easy.It can take years.Before you can file against the prison, the law requires that you exhaust the prison’s grievance procedures. I started this process and made it through four of the steps. Each step took longer than the last, and the responses I got back made it clear that my grievance hadn’t even been read. Each prison official just parroted what his subordinate had said in a boiler plate response. I’ve forgotten the terms used, but it amounted to a written complaint to my case manager, then one to his supervisor, the warden. I think this was a BP6 or BP9. I can’t remember if the numbers went up or down as you climbed the ladder of indifference. After the warden you wrote to the district office, then the national…At each step in the process my case manager had a habit of, uh, “losing” my paperwork. I learned very early on to make far more copies than you ever think you’ll need. The prison has every reason in the world to lose your paperwork.Once you finally get to the point where the very highest level of the BoP (Backwards on Purpose, or Bureau of Prisons, take your pick), then you can file in court. At this point in the process you’d be well advised to make use of a jail-house attorney.Let me just say that the best lawyer I ever had was a jail-house attorney. Gary gave same day turnaround service on legal motions, and his prices were about 1/600th of what I was paying for lawyers on the outside. I have a receipt that Gary wrote me here somewhere. It shows that I paid for a motion (about two hours of his time) with a box of cookies, some peanut butter, and the like. I think it was less than eight bucks.If I tried to pay an attorney on the outside with peanut butter, the Skippy people would have to run a pipeline to the lawyer’s house…
An attorney. The BOP probably has more lawsuits filed against it than any other gov organization so good luck. Most inmates file them on their own using a jailhouse attorney for guidance. In the BOP there are plenty of disbarred attorneys so for about $40 in commissary you can have them write it up and you can file yourself.
Legally no. They can come up with an excuse to not let you have your own personal Bible but the prison has Bibles, and legally they cannot deny anyone their right to religious material, unless they are in a strip cell. A strip cell situation would be where one has threatened to harm themselves or others, or has done so, and they are now in a locked down situation without clothing, or any other items, not even running water. But in the United States they cannot legally deny anyone a Bible. Call ACLU and tell them someone has been denied a Bible, and they will possibly have one of their lawyers call the prison for you. Or you can simply call yourself letting them know that you are aware of the laws of the land.
What is the difference between civil suit and criminal suit?
Just put in mind that when you hear the word civil suit, it pertain to monetary meaning the plaintiff or for example you filed a civil suit against someone for damage like somebody run over your car, that case is a civil suit. Because you are asking for the damage regarding your car. The criminal aspect on the other hand, required not only criminal aspect of it but civil also, for example you just killed someone intentionally. You are now charge with homicide which is a criminal suit, but with it also civil suit in nature since the court will ask you to pay the victim's family of the sum let us say $14,000 for lawyer's fee, moral damage...etc. so in criminal cases civil is also attached to it. But in civil cases, there is no criminal suit attached to it. So next time someone charge you on a civil suit, just be afraid of the money they are asking for. But be more afraid if they charge you on criminal suit because not only you will go to jail but you will also pay the other parties involved. So you know now? I hope.
There are really only two ways that this can happen.You are held in contempt of court for failing to comply with a court’s order connected to the debt. For example, when I worked in collections, we would apply for a debtor’s examination against a judgment debtor, and the judgment debtor would not show up. In this case, the debtor owes money, but he’s not being jailed for not paying, its just that he didn’t comply with the Court’s order to show up, so the Court is punishing him for that.The Court abuses its discretion. This can happen when trial judges do not understand contempt principles. A judge might order someone imprisoned for failure to pay child support, and allow their release if they pay a certain amount. This is inconsistent with civil and criminal contempt principles, but it happens because the trial judge does not understand the law and makes a legal mistake. Unless the person understands the appellate process (in Nevada it requires the filing of a writ petition to challenge a contempt order), he ends up imprisoned for owing money.Just to clarify since I’m sure some people will comment on being jailed for child support. The nonpayment of child support, per se, does not justify imprisonment. The Court must make findings that the person is able to pay child support, but is refusing to. If the person proves he cannot actually comply with the order to pay child support, through no fault of his own, the person cannot be held in contempt of court, and thus, cannot be jailed.
Can you go to jail for a civil case?
The idiot writing "Most likely not, unless the matter is really, really serious and the jail is the only option." is of course guessing incorrectly. It's mind boggling what some of these morons pass off as answers in here. At no instance can you got to jail for a civil case. Civil is monetary. Criminal court is where you go to jail. Keep in mind 95% of these people here are passing off bad guesses as answers like taht moron. I have no idea why they think giving you a guess, a guess you can do just as easy, helps you. Hope this helps. PS - and the child support is the civil portion. If you don't pay, it becomes a criminal case - you still do NOT go to jail for a civil case. Again, these folks are just guessing here.
Could the queen of England kill someone and not go to jail?
No, ironically the Queen would be put in prison like any other Brit, Canadian, Australian or which ever one of the countries she's Head of State of she committed the crime in. It is kinda ironic that she'll be put in a prison named Her Majesty's Prison though, every prison in Britain has Her Majesty's at the front and I'm assuming that is the same in Canada and Australia, etc however I could be wrong. EDIT: Just to point out, as some people have said I answered incorrectly, in theory the Queen cannot be prosecuted but in reality she would be, also if she were to commit murder I don't she would remain Queen much longer unless the British public felt the act was justified, if we didn't her approval ratings would most likely plummet, the country would most likely have a referendum on remaining a Monarch, or at the very least, keeping the Queen as monarch and then finally, once she has been kicked from the throne, prosecuting her is pretty easy.