When to Retain an Attorney
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Board files usually contain a statement from the District Attorney regarding the facts of the case. This statement is weighed in favor of the State. Each inmate is given an opportunity to explain his version of events, but if the two differ, the State’s version is likely to be believed, unless you can provide credible evidence to support your version of the story.

I had a case about 12 years ago in which the D. A. protested the release of my client. I went and met with the D. A. and asked him about the protest. He handed me a copy. After reviewing what was said, I found or 25 or so mistakes (all in favor of the State) and returned to the D. A. to show him the professional courtesy of an opportunity to withdraw his protest. He did not. I then walked the Board Members through each and every one of the misstatements; and although I feel by about number 6, they knew that they had been “had” by the prosecutor, I delivered a summation on each and my client was approved for parole before I left the office. While I believe things of this matter should be handled by skilled attorneys, it does underscore the fact that if you want something mitigating in the file, you must take the necessary steps to make sure it is placed there.

All information which you give Board Members must be credible. While it is not possible to list each and every source of credible information, you will find offense reports, incident reports, follow up reports, findings of a medical examiner, photographs, and witness statements, prior criminal records of witnesses and the defendant, and transcripts from the court reporter’s record of trial testimony of State’s witnesses to be examples of credible information. If the defense witnesses had been believed, you probably wouldn’t be in prison.

Victims can sometimes provide mitigating information, and it is usually considered credible. The Board is required by law to notify victims or their families when any particular Board file is being considered. Most people do not respond. Some who do respond relay damaging information to the Board, and your attorney should evaluate the propriety of contacting such persons if this is likely. If, however, you feel that there is a chance that a victim could provide positive information, contacting that person to seek their communication with the Board can be helpful (as when a victim’s family feels the punishment is too harsh, or that he asked the State to drop the charges, or in a case which happened to me, the family did not want the Defendant to serve time for the involuntary manslaughter of their son.

Copyright 2008, Paige Massey. All Rights Reserved.