Prison Trivia

January 21 2020

Can You Send An Email to a Prisoner in the US?

Judy Ponio Prison Services, Prison Trivia 0

Life in prison is already a misery, and the hard communication outside jail adds a nightmare to it. While telephones and letters are available for prisoners to keep in touch with their loved ones, their families and the inmates themselves find it inefficient.

That is why, nowadays, the most popular way of communicating a loved one inside the jail is through electronic messaging.

The system allows families and friends to communicate with the inmates easily. However, just like sending a handwritten letter to an inmate, emails are usually monitored by prison staff.

Electronic messaging does not provide a direct email to the prisoner. The prison staff will have to scan and monitor the email before they deliver it to the prisoner.

What Is The Goal Of Electronic Messaging?

Communication plays a significant role in helping inmates in surviving prison life. Electronic messaging help inmates and their family and friends in many ways. These include:

Help prisoners cope with depression through frequent communication
Reducing self-harm and suicidal thought of inmates through increased communication.
Help prisoners to have more accessible and more frequent communication with their family and friends.
Assist inmates in preparation for release with different agencies
Can continue educational programs through email
Moreover, studies show that inmates who were able to keep in touch with their families are less likely to re-offend.

Why Is Email More Practical Than Telephones?

In general, there are only one or two telephones per wing, and inmates are not supposed to receive calls from outside the jail. Most often than not, it is more likely that there will be restrictions on the time of day a prisoner can use the telephone.

It is also usual that there will be a long queue for the prisoner to use the telephone. Some prisons even use a booking system to make an appointment to call someone outside the jail.

a person sending an email to a prisoner in the US

Furthermore, most of the phone calls coming from prison are notoriously expensive. Unlike in electronic messaging, its rates are way cheaper than using a phone call.

Inmates can also receive messages from their loved ones, their lawyers, or even from the professors of the educational programs that they enrolled themselves in.

How To Email A Prisoner In The US?

There are various private companies out there that offer electronic mailing at a lower price. Two of the most famous companies that provide electronic messaging are CorrLinks and JPay. It is up to you to decide which system is more efficient and easy to use.

In sending an email to an inmate in the US, you will be given an option on what service you would want to avail of. There are two types of system that electronic messaging companies offer. These are:

Inbound-only System

Inbound-only systems only allow a one-way type of electronic communication. Meaning, a non-incarcerated user sends a letter through the provider’s webpage, pays for the message, and the message will be sent to the jail electronically.

Once the message is scanned and approved, the message will be printed out and delivered to the prisoner. The only option for the inmate to respond-if he wants to-is by postal mail.

Two-way System

In a two-way system, the system works the same way with the inbound-only system, except that the message is not printed for delivery.

Instead, once the message is electronically delivered to the jail, the inmate will access the system through a shared “kiosks.” Kiosks are the devices that are controlled and monitored by the correctional facility.

In this way, the inmates can respond immediately through the kiosks — no need for sending a handwritten mail. The non-incarcerated user can quickly receive the response message of the inmate instantly.

While some companies offer cheaper rates, some people still prefer sending emails instead of using their phones to contact their loved ones in jail. Through advanced technology, inmates can now keep their ties with their families, which can help them to endure the life inside prison.

About The Author

Franchette Agatha Jardin believes that everyone has the capacity to help those who are in need. She writes blogs about issues and news surrounding those in prison in the hopes of restoring a little extra faith in humanity.

bail bonds helps people bail out of jail

January 21 2020

Can You Legally Get Out of a Bail Bond Contract?

Judy Ponio Prison Trivia 0

Whenever your loved one or someone you know has been arrested, your initial reaction would be to help them. Usually, an arrested person who has not yet proven guilty can go out of jail by posting bail.

While most defendants have no money on hand to bail themselves out, they can seek help from a bail bondsman. Unfortunately, some defendants still don’t have enough money to pay even 10% of the bail amount required by the bail bondsman.

The defendants’ other option is to call a family or friend to co-sign for them. A bail bond agent will pay the money upfront for the defendant to get out of jail immediately. And you, as a family member or a friend, will act as the Indemnitor.

There’s nothing wrong with this. Bailing out of bond is very convenient, to be honest. But as a co-signer, you should be aware of your duties and responsibilities that come along with it, or else, you will be facing some unpleasant monetary surprises.

What Is An Indemnitor?

Indemnitors are people who co-sign bail bonds on behalf of the defendant. You, as the Indemnitor, will be the one to provide financial assurances that are required by bonding companies.

How Does Bail Bond Works?

A bail bond is a form of bail payment that is provided by a bail bondsman on the defendant’s behalf. If the defendant missed a court hearing, then the court will not return the bail money provided by the bail agency.

For financial security, the bail bondsman will need a co-signer or an Indemnitor to provide collateral or some other form of protection against the bond. Therefore, if you co-sign for someone, you will now be responsible for paying any additional fines if the defendant does not appear in court proceedings.

For instance, if you put your car or your real estate property as collateral, you could lose it if the defendant will not appear in court when required.

What Are The Roles And Responsibilities Of An Indemnitor?

Once you signed the bail bond contract, it is now your responsibility to make sure that the defendant will not miss any court dates.

As mentioned, you can’t get out of the contract once you signed it. One of your responsibilities as an Indemnitor is to make sure that the defendant will show up at court when required. Otherwise, you will be paying additional fees.

It is also your responsibility to pay for the recovery agent or known as “bounty hunter” that the bail bonds company will hire to get the defendant back.

Can An Indemnitor Get Out Of A Bail Bond Contract?

It is so easy to offer help when at the heat of panic. But, acting as a guarantor in a bail bond contract can put you in misery, especially if you do not know well the defendant.

Once you sign a bail bond contract, you can not take it back. Even if it is hurting you financially, you can’t get out of a bail bond contract.

The bail bondsman trusts you that you are confident enough when you signed the bond. Otherwise, you would not take the financial risk associated with the contract.

So to answer your question, no, you can’t get out of a bail bond contract. There are no “how to’s” to get out of it. You can try asking the bail bondsman if you can get out of the contract, but there’s a high chance they won’t allow you.

A bail bond contract can only be exonerated once the defendant has fulfilled all mandated court responsibilities. Once the defendant’s case is done, then that’s the only time you will be free from financial duties.

About The Author

A caricature of a woman inside a prison cell.

January 21 2020

10 Things You Didn’t Know About Life in Women’s Prison

Judy Ponio Prison Life, Prison Trivia 0

For some of us, a life spent behind bars is nothing more than a scary thought. Yet, there are others who have lived through or are living that life.

If prison can mean rock-bottom for most people, it can be even more so if you’re a woman. Studies suggest that the US Criminal Justice System is giving women harsher punishments than their male counterparts.

Let’s take the case of Tondalo Hall as an example. She and her child were physically and verbally abused by her boyfriend. When police got wind of the child’s plight, both of them were arrested. What makes it more interesting though is her boyfriend was sentenced to only two years. Meanwhile, Hall has to spend 30 years in prison for failing to protect her child from her abusive boyfriend.

This is just one out of the thousands of cases where women got the shorter end of the stick. Even if several prison reforms have been instituted in the past years, the number of women in custody are growing faster than men.

Here are other truths about life in women’s prisons that will shock you.

1. It Can Be Boring

If your idea of what’s life for women behind bars come from a movie or tv show, you might want to reevaluate it. Though riots do tend to erupt sometimes, much of their days are routine.

They wake up at 5:00 in the morning or earlier if they work in the kitchen then the guards will start the counting. Afterward, they are given about 30 minutes to eat breakfast before they go to their various jobs. Each inmate has a job for which they are paid an average of $15 per month – essentially a pittance.

Lunch is served at 12:00 and like breakfast, they’re only given 30 minutes to finish eating. Then it’s back to work until 3:00 in the afternoon. It’s free time afterward where they rest in their cells, spend time with other inmates, pursue higher education or attend church service.

If they’re a lifer, they might have to do this every single day for 30 to 50 years. What could be more boring than that?

2. Sanitary Pads are a Luxury

In the outside world, having your menstruation is perfectly natural. Yet, inside those prison walls, it can be a source of humiliation.

In most prisons, personal hygiene products are not free. In fact, they are much more expensive. That’s why a lot of women prisoners have to go with just one sanitary pad per day. That is if they can afford it. Those who can’t have to face the humiliation of staining their clothing and bedsheets.

3. Sexual Abuse is More Common Than You Think

Sexual abuse can happen to anyone no matter their wealth or power. But women in correctional facilities are more vulnerable to sexual assault than the others.

Many cases have been filed against prison guards who molested an inmate. Yet, statistics continue to mount up. Sex is oftentimes used in return for certain favors. The most common of which is sneaking in contraband such as drugs and other abusive substances.

4. It Can Get Packed

Inmates bear much of the brunt for the lack of funds and continued privatization of prisons. One example is inadequate sleeping quarters.

Most jails have around 3 to 20 inmates who share a single cell. This means that there’s barely enough room for privacy. And if your cellmate has nasty habits or body odor problems, then you’re in for a treat.

5. Jail Calls are an Extortion

Whether it’s the men or women’s prison, one fact remains: jail calls are extortion. The Federal Communications Commission reported that prisoners pay as much as $17 for a 15-minute phone call. Prisons usually have exclusive contracts with jail call providers which leave families with no other option.

There are however ways around this. GlobalTel found that jail call providers charge more if it’s a long-distance call. In most, if not all cases, calls from prison are generally treated as long distance.

To help inmates and their families make cheap jail calls, GlobalTel provides them with a local phone number that inmates can call. Calls to this number are then routed to the real number of the person they want to call. This simple yet savvy trick has already saved inmates thousands of dollars on phone calls.

6. Sexual Orientations Don’t Matter Much

Inmates are human beings with needs too just like the rest of us. That’s why being cooped up with people of the same gender tends to blur the boundaries of sexual orientations.

Women who are adamant that they are straight end up forming intimate relationships with other straight women. Whether it’s for companionship or financial support, relationships like this are more common than you expect.

7. Dating is Complicated

If you find dating to be a very complicated affair, then think how hard it must be for inmates. Starting a relationship with a fellow inmate can mean that you’ll be together all the time – like 24/7.

Prison is a lonely place and there’s not a lot of people you can trust or bond with. So when two inmates are in a romantic relationship, it can get pretty intense. This can lead to pretty bad confrontations when one is caught cheating. Since prisons are not that large, this happens quite often.

But nothing is as painful as having to say goodbye when one is about to get out and the other is left inside. Although not all prison couples split up over things like this, it can still be pretty devastating.

8. Gossip is a Main Source of Entertainment

When girls are gathered in one single place, gossiping is almost always inevitable. The same remains true for incarcerated women.

Since there is no other available form of entertainment, these women get their daily dose of drama from their fellow inmates. This means that the rumor mill gets grinding even at the smallest breath of scandal. And scandal is never wanting in prison.

9. You Need Creativity to Get By

Since supplies are hard to come by in prison, inmates need to get creative with what they have.

They cook their favorite food on a makeshift contraption and repurpose old clothes with spare craft supplies. They even made makeup from coffee granules, gel pens, and oil pastels.

10. Giving Birth is Hazardous

It’s common knowledge that giving birth is dangerous even in sanitary environments. But inmates giving birth in prison are also chained to hospital beds during labor. It’s not like they’re going anywhere given their condition but still, protocols have to be followed.

Plus, there’s the fact that prisoners don’t always have access to standard medical care. The child is also taken from the mother after birth to be placed in foster homes which could worsen postpartum depression.

10 Things You Didn’t Know About Life in Women’s Prison

About The Author

Judy Ponio is a firm believer in the power of sharing knowledge. Having extensive experience in the prison industry, she wants to share what she knows with the world. Judy also loves to write about political and legal topics.

An inmate holding hands with his penpal through the jail bars.

January 20 2020

Freedom to Love: How Inmates Married Their Pen Pals

Judy Ponio Prison Life, Prison News, Prison Trivia 0

Marrying the love of your life is everyone’s dream. But what if the love of your life is set to spend the next few years (or their entire lifetime) behind the cold bars of jail? Will you still marry them?

This was the dilemma faced by the brave souls who have shown the world that love knows no bounds. They married inmates and proved that not a thousand-mile distance, handcuffs, nor society’s disapproval can hinder love.

Incarceration in the US

Prison is often described as a cold and depressing place. A seemingly apt punishment for people who have broken our laws. A place where we banish people we don’t want to live among us. Yet, not all prisoners are guilty of the crimes they are imprisoned for. (Related: Jailing the Innocent: Wrongful Conviction Statistics in the US)

In fact, the US has the highest rate of incarceration in the world. It houses only 4.4% of the world’s population yet it’s prisoners account for around 22% of the world’s total number of inmates. As of May 2018, the country has 658 prisoners for every 100,000 residents. Canada, it’s neighbor, has more than five times lower incarceration rate.

Prison Pen Pal System

With these statistics, several initiatives have been made to make prison life more tolerable.

One of them is the various prison dating websites that have cropped up over the years. Sites like Meet-an-Inmate, Prison Dating, Write a Prisoner and Love a Prisoner allows inmates to post their information online. This can then be browsed by people in the outside world. When they find a profile they like, they can write to them in prison. (Related: Sample Love Letters to Your Boyfriend in Prison)

US prisoners are not allowed to have any sort of contact from the outside world save from letters and phone calls. So outsiders who want to befriend an inmate often starts with sending them a letter. These letters are thoroughly inspected before inmates can receive them. (Related: How to Call an Inmate)

The demand for cheap jail mail postcard services in US prisons continues to rise as more inmates have found love through the pen pal system.

In fact, JailAid – a jail support initiative, was founded to address this need. It helps prisoners and their loved ones look for cheaper ways to send letters to or call from prison. It also has an extensive database of state and county jails’ offender search systems.

An inmate writing a letter to his penpal.

Inmate Love Stories

Since prison dating websites became a thing, several inmates have found pen pals. Some stayed as just friends while others bloomed into romantic relationships. Here are four pairs of couples who defied the status quo and married behind bars:

Steven and Suzie Jennings

Steven was handed a 43-year sentence in 1989 for first-degree assault. He met Suzie on a prison pen pal website in 2013. They started out sending letters to each other as friends. Then the letters took on a romantic tone. After a year of exchanging love letters, the couple decided to tie the knot.

Theirs hasn’t been a smooth journey. He was arrested as a young lad while she was brought up in a wholesome Mormon family. She says that her traditional upbringing gave her the fortitude to adjust to a very non-traditional marriage.

Tim Wright and Danielle Laskie

Like most couples in this post, Tim and Danielle met through a prison pen pal website. He was an ex-marine who got arrested for murder while she’s a health care worker in Australia. He proposed to her in a letter before they even met in person. They exchanged vows in a quick ceremony inside Virginia’s Buckingham Correctional Center.

It all started when Danielle saw a documentary about American Prisons. She said that the inmates’ expression of loneliness and abandonment touched something within her. This prompted her to search the internet for ways to communicate with an inmate. That’s where she saw Wright’s profile. The rest, as they say, is history.

Justin Erskine and Emma Pickett

Their love for poetry, books, and music brought them together. Justin is serving a life sentence in a Delaware prison with no chance of parole. Emma, a care home worker in the UK, was completely aware that she might never be able to bond with him outside those prison walls.

Still, she chose to pursue the relationship. After a year of letter exchanges, she flew to the US and met him for the first time. Emma, who was once married with 3 kids, also decided to move her children to the States so they can be near him.

Overcoming Obstacles

Marrying convicted felons is not what parents usually dream for their children. True enough, many of the couples on the list above have faced censorship. First, from their family then their relatives and friends.

“A lot of people don’t understand about the situation and you couldn’t make them understand”, says Laskie. She also tells new acquaintances that her husband is “overseas”. They seem to accept it better than telling them about him being in prison.

Another struggle that these couples have to contend with is the fact that they may never be able to have any real intimacy. Many states and county jails still forbid extended visits.

This means that they can only talk to each other across the table within earshot of jail officers. Their phone calls are always monitored and the letters are thoroughly screened. There can never be private time. Even the ceremonies are hurried. (Related: Tips for Dating Inmates)

Through it all, they persevered. They don’t all claim that their other half is innocent. Rather, they accepted their past and chose to see them for the people they have become. It’s definitely not an easy path to take but the road to happiness never is. (Related: How Successful Are Prison Relationships?)

Freedom to Love: How Inmates Married Their Pen Pals

About The Author

January 14 2020

How To Post Bail When You Have No Money

Judy Ponio Prison Life, Prison Trivia 0

When you get arrested, the first thing that would surely come to your mind is how to get out of jail immediately. And it’s possible, for everyone has the right to bail unless the judge says that it isn’t.

A person charged with a crime is usually entitled to bail. While your case is still pending, the government lets you continue your daily routine, like taking care of your family and going to work.

But what if you have no money to post bail? Are you going to spend some time in jail while awaiting trial? Of course, you wouldn’t want that. As stated in the law, you’re innocent until proven guilty.

Here are some ways on how you can post bail when you have no money.

What Is Bail?

Bail is either cash, a bond, or property than an arrested person gives to the court as an assurance that he/she will appear in court when ordered to do so.

How The Bail Amount Is Set

The Eighth Amendment of the US Constitution says that the court is not allowed to set an excessively high amount of bail. The primary reason for bail is for you to remain free until convicted. But, bail also ensures that you will appear in court proceedings. (Related: How to Reduce a Prison Sentence)

However, even if everyone has the right to bail, some judges don’t let other people do so. If the judge thinks that there’s a chance that you will run away, or you’re a suspect for a serious crime, then odds are you won’t stand a chance for bail.

Whether you’re innocent or guilty doesn’t matter. Getting approved of bail happens when the court thinks you’re not going to run away or cause any trouble.

Here are the factors that a judge will consider when setting a bail amount. This includes:

how likely you are to flee out of town or country
how much of a threat you are to the community
the severity of the crime
your financial resources
your criminal record

A gavel used in court to convict or release a defendant.

Posting Bail When You Don’t Have Money

If you don’t have money to post bail, there are three ways by which you can still await trial outside of prison. These are:

Own Recognizance (OR)

Own recognizance is a type of bond that is simply a no-cost bail. You will only need to sign a written promise that you can be allowed to await trial outside jail but needs to show up at court when ordered to so.

A judge may release you on OR bond when they determine that you are not a flight risk or a danger to the community. Factors that include in deciding if you’re fit to have an OR bond are:

employment
criminal records
family members living in the community
having been charged with previous crimes but didn’t fail to appear in a court hearing.

Failure to show up at court when required can have you arrested. (Related: How to Survive Prison: Survival Tips From Former Inmates)

Signature Bond

While OR and signature bonds are often used interchangeably, these two differ greatly from each other.

A signature bond is a type of bail where you can post bail without paying anything upfront. However, if you fail to appear in court proceedings, the court can impose you monetary fines and may issue you a bench warrant.

Personal Recognizance

Personal Recognizance or PR bail is a type of bond where you don’t have to pay anything upfront nor post property as collateral for bail. This needs you to have a written signature stating that you promise to attend court hearings, plus attend therapy sessions or counseling depending on your case.

For instance, you have been charged with using drugs. If the judge determines that you are not a flight risk or can’t cause harm to the community, then you can be released on a PR bond. However, you would need to attend some therapy sessions to deal with your alleged use of drugs.

Other Ways You Can Do

What if the judge did not allow you to post bail with those three types of bond mentioned above?

If you’re not granted any of the bonds stated above, you can seek some help with bail bond agencies so they can pay your bail upfront. Once the bail is returned to you, you need to give them back the money plus 10% of the total amount of your bond.

While asking help from a bail bondsman is okay, the best thing you can do is to ask some advice to your lawyer. Your attorney will have the best plan on what you can do to get you or your loved one out of jail while awaiting trial.

About The Author

January 13 2020

Top Reasons Why You Shouldn’t Drink And Drive

Judy Ponio Prison Life, Prison Trivia 0

DUI or Driving Under the Influence is one of the many problems that the US is facing. According to statistics in 2017, 10,874 people died in a drunk driving crash. That’s an average of 1 person every 48 minutes.

The dangers of drunk driving are easy to understand. But for some reason, other people find it difficult to stop this careless action.

If you haven’t been in an accident due to drunk driving, then lucky you. But if you think that you are somehow immune to it, then these top reasons why you shouldn’t drink and drive can change your mind.

Alcohol Can Cloud Your Judgement

Alcohol has depressant properties. Thus, all your abilities become impaired.

You might think that you only had a couple of drinks. But that’s because alcohol affects your judgment abilities. That being said, you might not notice that you are too drunk to drive. Hence, you are very prone to a car accident and might cause not only danger to yourself but to others too.

You Can Go to Jail

Drunk driving laws vary from each state. But, it’s illegal in most countries to have alcohol in your blood with 0.08 percent concentration or higher.

While many things are uncertain, one thing is for sure. You can go to jail if you drink and drive.

Your chances are high that you’ll get to spend a night or two behind bars. However, if you cause harm to others, you get to stay longer in jail on top of the fines you need to pay.

Moreover, too much casualty can result in years of imprisonment. (Related: How to Reduce a Prison Sentence)

A man who was imprisoned for drunk driving.

You Can Lose Your Job, Or May Find It Hard To Find A Job In The Future

You might not be aware of it, but DUI is a big deal, especially to well-known and prestigious companies. These companies don’t tolerate bad behavior and don’t want to drag their name into this kind of issue. Odds are, they will terminate you or revoke your license.

Furthermore, DUI charges might make it hard for you to get employed in the future. Most jobs are doing a background check and will most likely check your criminal records. Some companies won’t consider you if you have prior convictions.

DUI Can Affect Your Insurance Premium

The cost of your insurance premium depends on how risky you are to get into an accident. The higher the risk you are to get involved in an accident, the higher the premium your insurance provider will charge you.

If you face DUI charges, your insurance can check your record and bill you higher. Keeping your DUI charges from your insurer has a big chance that they will drop your policy entirely.

Drunk Driving Can Cost You Thousands Of Dollars

Driving while intoxicated makes you prone to accidents. And with this, comes a tremendous amount of money. Even if you don’t kill a person, 90% of the time there will be property damage which can cost you a lot. (Related: Can Non-Payment of Debt Send You to Prison?)

You Can Kill Someone

You might not care about what happens to yourself when you drink and drive. But the next time you do this, try thinking of a child that you might hit and have a little conscience. It is not only you that you’re putting into grave danger, but the lives of others as well.

Reckless driving can result in the death of someone, and this is something you’ll bear for the rest of your life.

If you think drinking and driving is something you can’t stop doing, you might want to ask some help and have yourself checked.

Stop drunk driving now. Your life and the lives of other people is something you don’t want to risk.

About The Author

January 13 2020

Assault in Texas: Penalties and Charges

Judy Ponio Prison Life, Prison Trivia 0

As stated in the Penal Code of Texas, a simple assault can send you to jail. Whether or not intentional, or you caused injury or only threatened to harm another person, you can face assault charges and get arrested.

Assault has a broad definition. Telling someone that you are going to beat them up, or threatening them that you are going to put them in danger, is also considered simple assault.

Even if you didn’t cause injury or did not actually touch the other person, it’s assault as per the law.

Unless you harmed the victim to the extent that they got hospitalized, you would most likely be facing a charge of aggravated assault.

Actions that are provocative or offensive, such as pushing or poking someone in the chest is also considered assault.

What Are The Penalties For Misdemeanor Assault?

While penalties for simple assault vary from each state, in the state of Texas, sentences are classified as a Class A, Class B, or Class C misdemeanor.

Class A Misdemeanor

You could be charged with a Class A misdemeanor if you caused physical harm to another person. Attacking a disabled or an elderly even without causing physical injuries to them also qualifies as Class A misdemeanor.

Punishment for Class A misdemeanor assault is up to one year in jail and, a fine of no more than $4,000.

Class B Misdemeanor

Class B misdemeanor occurs when you cause injury to an athlete taking part in a sporting event. Attacking referees or sports officials who make bad calls is also a Class B assault.

Class B assault can result in imprisonment for up to six months and a fine of no more than $2,000.

Class C Misdemeanor

Physically provoking or threatening to harm other people without causing them injury falls under Class C misdemeanor. While this type of misdemeanor won’t result in jail time, you can have a fine of up to $500.

In some cases, you will need to pay the victim for the medical treatment or property damage on top of the punishment for the penalties you will be facing.

Threatening someone with a gun is considered an assault in Texas.

Simple Assault Can Become a Felony

Most simple assault cases are often charged as misdemeanors. However, a misdemeanor assault can become a felony, especially for aggravated circumstances.

First-Degree Felony Assault

The most severe assault charge is a first-degree felony. This occurs when you attack security officers and criminal witnesses. If you face a first-degree assault, you will have a fine of $10,000 and the possibility of a life sentence. (Related: How to Reduce a Prison Sentence)

Second-Degree Felony Assault

If you use a deadly weapon with or without causing a severe injury to other people qualifies for a second-degree felony assault. As well as attacking a family member also applies under this classification.

Penalty for a second-degree felony is a fine of no more than $10,000 and imprisonment for up to twenty years.

Third-Degree Felony Assault

While the charges for a third-degree felony are less severe than a first and second-degree felony assault, punishment for this is much serious than a misdemeanor.

You can face a third-degree felony assault if the person you attacked is a:

Public Servant
Date
Household Member
Government Contractor for Family Services
Emergency Services Personnel

The punishment for a third-degree felony assault can include up to ten years of imprisonment and a fine up to $10,000.

Whether the assault was intentional or due to a reckless action, the best way to face these charges is to consult an experienced criminal defense lawyer. (Related: Can Non-payment of Debt Send You To Prison?)

About The Author

An image representing the devastation of a wrongful conviction.

January 7 2020

Jailing the Innocent: Wrongful Conviction Statistics in the US

Judy Ponio Prison News, Prison Trivia 0

When a horrific tragedy happens, let’s say, a murder or rape, we always want justice to prevail. We want the culprit to pay for their actions.

But what happens if the system wrongfully convicts a person? Is it still considered as justice served? I don’t think so.

It’s so easy for the system to convict a person. But an incorrect verdict can ruin the lives of innocent people. And wrongful convictions in the US happen too often.

Statistics show that the rate of wrongful convictions in the US ranges from 2 to 10 percent. It might seem low, but if you apply it to the prison population, the number will shock you.

About hundreds of thousands of prisoners were innocent. An estimate of 40,000 to 230,000 prisoners was wrongfully convicted. Though some were exonerated, no one (not even the system) can give back the time they spent inside the jail.

What Are the Common Reasons for Wrongful Convictions?

Eyewitness Misidentification

Eyewitness Misidentification is the leading cause of wrongful convictions in the US. This is because it will solely base on human memory.

The witness will have to recall the facts and identify those who were involved in the crime. More often than not, the statement will not be 100% accurate.

There are also instances where the police manipulate the witness to testify against the suspect. Thus, increasing the chances of convicting the wrong person.

A gavel used in court to convict people.

Invalidated Forensic Science

Forensic science is a useful and reliable tool. However, some techniques and methods are not approved by the scientific community. Yet, it’s still being used as evidence.

For instance, the use of hair fiber comparison, bite-mark analysis, and many more often results in wrongful convictions.

False Confessions

Innocent defendants who plead guilty or confessing to a crime that they didn’t commit isn’t new anymore. Several factors can contribute to false confessions. These include:

Use of force or threats to the defendant
Poor mental health

One report says that out of 330 people who were exonerated by DNA, 25% of it gave false confessions during long hours of abusive interrogation.

Police and Prosecutorial Misconduct

Most cops and prosecutors are honest and hard-working professionals. However, there are still some who choose to fabricate evidence, lie on the stand, use coercive interrogation, and do other dirty works.

With these misconduct, innocent people are forced to stay in jail and pay for the crimes they didn’t commit. (Related: People Who Got Imprisoned For Crimes They Didn’t Commit)

Testimony From A Jailhouse Informant

Inside the jail, there is always someone who is serving a longer sentence. This is why most informants, commonly known as “snitches,” are usually offered a deal to lie on the stand. In return, they can have a reduced sentence or a grant of an early release. (Related: How to Reduce a Prison Sentence)

Poor Defense Lawyering

Defendants are all given the right to counsel with an attorney. However, most of the accused have little or no money at all. They can have a public defender to represent them, but most of the time it’s a court-appointed lawyer.

More often than not, lawyers that are appointed to the accused have little to no experience. Thus, some lawyers are ineffective and can’t represent the defendant’s alibi well.

Whether unintentional or by purpose, jailing the innocent is downright cruel. It is inhumane, and it can ruin someone’s freedom, life, and integrity.

While most of us don’t want this, you, me, everyone can be a victim of a wrongful conviction. As long as we have an unjust system, innocent people are at risk.

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An inmate who has just been released under the Second Chance Act.

January 7 2020

The Second Chance Act and What It Means for Federal Inmates

Judy Ponio Prison Life, Prison News, Prison Trivia 0

The Second Chance Act is a law that was signed back in April 2008. It supports the funding of federal and state prisons for re-entry programs and system reforms.

According to the Statistics, re-arrest is often for ex-prisoners who did not enter halfway houses.

An estimated 52.5% of ex-prisoners who did not undergo probation were back in prison, two years after their release. While 35.1% of ex-convicts who underwent re-entry programs, re-offended.

Through the SCA, public safety can be achieved, and recidivism will be reduced. The Second Chance Act will help the former inmates to re-enter society and have a positive mindset and outcome in their lives.

A pair of hands belonging to a young prisoner of color leaning against the prison fence.

How Can The Second Chance Act Help Federal Inmates?

We all know how hard it is for incarcerated people to re-enter society. The Second Chance Act will help the inmates to have enough time to adjust, start afresh, and be a contributing citizen again. (Related: How to Prepare For a Loved One’s Reentry)

There are at least three sections on the SCA law that will help the prisoners avoid recidivism and be a better person before their release. This include:

1. The first one allows the inmates to have a more extended stay. Before the SCA law was implemented, a prisoner is only guaranteed a maximum of six months to stay in a halfway house before their release.

In SCA, inmates are now allowed to have up to 12 months of stay on halfway houses instead of jail.

However, the law does not require the Bureau of Prisons in any way to give every inmate the full 12 months’ stay in a halfway house at the end of their sentence.

2. The second one creates a limited pilot program for non-violent offenders. It’s a specialized program that aims to reunite the family and elderly.

3. Lastly, the Second Chance Act slightly increased the chance of an inmate to serve the federal sentence in home confinement. But again, the SCA does not require the Bureau of Prisons to give prisoners any time in home confinement.

While most of you think that you or your loved ones are already a lost cause because of imprisonment, the Second Chance Act will give you hope and a possibility to have a better life after prison release. (Related: What Happens After One’s Release From Prison)

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January 7 2020

What is the Average Jail Time for Tax Evasion in the US?

Judy Ponio Prison Trivia 0

A person who had just been released from prison.

One of the most-feared situations of most people is having tax problems with the IRS. Most people think that not filing taxes on time and accurately means jail time.

Well, it’s true. The average jail time for tax evasion in the US ranges between 3 to 5 years, plus the fines that come with it. The IRS states,

“Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.”

It looks like the IRS is pretty serious about tax evasion. But, truth be told, not everyone who doesn’t pay their taxes gets sent to jail. Some people who really can’t pay their taxes are not forced by the IRS to pay.

However, if you can afford to pay your taxes but you deliberately not to, then IRS can and will file charges against you.

Types Of Tax Evasion

The IRS will have to conduct an investigation first before they can accuse you of tax evasion. As many people say, “innocent until proven guilty.” Here are some examples of tax evasion practices:

Failure to file returns
Failure to pay employment withholding taxes
Filing of false returns
Overstating tax deductions
Understating income/assets
Sales tax fraud

Once you’re proven guilty with these practices, IRS can pursue in charging you of tax evasion.

Tax Evasion vs. Tax Avoidance

Some people confuse tax evasion with tax avoidance. Both might seem the same, but these two are very different from each other.

Tax evasion is purely and will always be illegal. It uses unlawful acts and methods to avoid proper taxes.

On the other hand, tax avoidance uses legal means to lower your obligations as a taxpayer. For example, involving yourself in a charity that is an approved entity lessen your taxes. Putting your income to tax-deferred investments can be a method as well.

Deferring your taxes through IRA or 401k, you can delay the payments of your taxes until the funds on the investment are already available.

Is Tax Evasion A Criminal Offense?

Unlike FBAR violations and tax frauds which are only considered as civil offenses, tax evasion is a criminal offense. (Related: Top Five Prisons For White-Collar Criminals)

Therefore, the government should prove that you are guilty beyond a reasonable doubt.

But as mentioned earlier, not every tax evaders are being sent to jail. Just because the IRS can pursue a criminal action doesn’t mean that they will.

IRS only has limited staff and resources. With lots of tax evaders in the US, IRS often resort to civil investigations to save time and resources and see where it gets.

What You Can Do

There are ways on how you can prove that you’re innocent and somehow made a mistake in filing your taxes. Seeking help from a criminal defense attorney is always best for they can give you the best advice to avoid being a convicted felon. (Related: Average Jail Time For California Burglary Offenses)

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Prison Trivia

What Is The Goal Of Electronic Messaging?

Why Is Email More Practical Than Telephones?

How To Email A Prisoner In The US?

Inbound-only System

Two-way System

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What Is An Indemnitor?

How Does Bail Bond Works?

What Are The Roles And Responsibilities Of An Indemnitor?

Can An Indemnitor Get Out Of A Bail Bond Contract?

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1. It Can Be Boring

2. Sanitary Pads are a Luxury

3. Sexual Abuse is More Common Than You Think

4. It Can Get Packed

5. Jail Calls are an Extortion

6. Sexual Orientations Don’t Matter Much

7. Dating is Complicated

8. Gossip is a Main Source of Entertainment

9. You Need Creativity to Get By

10. Giving Birth is Hazardous

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Incarceration in the US

Prison Pen Pal System

Inmate Love Stories

Overcoming Obstacles

About The Author

What Is Bail?

How The Bail Amount Is Set

Posting Bail When You Don’t Have Money

Own Recognizance (OR)

Signature Bond

Personal Recognizance

Other Ways You Can Do

About The Author

Alcohol Can Cloud Your Judgement

You Can Go to Jail

You Can Lose Your Job, Or May Find It Hard To Find A Job In The Future

DUI Can Affect Your Insurance Premium

Drunk Driving Can Cost You Thousands Of Dollars

You Can Kill Someone

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What Are The Penalties For Misdemeanor Assault?

Class A Misdemeanor

Class B Misdemeanor

Class C Misdemeanor

Simple Assault Can Become a Felony

First-Degree Felony Assault

Second-Degree Felony Assault

Third-Degree Felony Assault

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What Are the Common Reasons for Wrongful Convictions?

Eyewitness Misidentification

Invalidated Forensic Science

False Confessions

Police and Prosecutorial Misconduct

Testimony From A Jailhouse Informant

Poor Defense Lawyering

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How Can The Second Chance Act Help Federal Inmates?

About The Author

Types Of Tax Evasion

Tax Evasion vs. Tax Avoidance

Is Tax Evasion A Criminal Offense?

What You Can Do

About The Author

Contact Information

Services

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