Tips for Lifer Suitability Hearing -
Table of ContentsPART 1: THE CRIME - DO I talk about it?
PART 2: BOARD REPORT (aka Counselor's Report) - READ IT!
PART 3: PSYCHOLOGICAL REPORT - READ IT!
PART 1: THE CRIME- DO I talk about itONLY under certain specific case will I allow my client to speak about the crime.
NOTE: Since In Re SHAPUTIS II (December 2011) it is more crucial to speak with your attorney about this issue.
Basic mental checks are: 1) Do you have a pending case?; 2) Will the DA appear, if yes, which DA (video or live); 3) Will Any Victim Next of Kin (VNOK) appear (video or live)?; 4) Is this an INITIAL or Subsequent? How many subsequent?; 5) Which Commissioners are on the Panel?; 6) What is YOUR DEFENSIVE presentation style (shy, introvert, angry?); 7) Is this a RECISSION hearing?; 8) Have you had a Parole Date(s) before-no? If yes, was it recent?; 9) what does the Psych report (and/or appellate decision, if any) say about your version of the crime?
EACH case is different. This is a unique and IMPORTANT strategy between you & your attorney that needs to be discussed at length months before and again the DAY of the hearing.
PART 2: BOARD REPORT (aka Counselor's Report) -READ Your BOARD REPORT (aka Counselor's report or Lifer's Evaluation report)
If you have any disagreement with the Report. Make Note of the Page and write a short sentence regarding the inaccurate statements.
A) Send the copy, keep a copy and note when you send it, to the Counselor. Ask that s/he revises the report with your statements.
B) Bring it up to the attention of your attorney so that it can be addressed "on the record" during the hearing, or at another appropriate time.
PART 3: PSYCHOLOGICAL REPORTREAD THE REPORT. If you have any disagreement with the Report. Make Note of the Page and write a short sentence regarding the inaccurate statements.
A) Send a copy (keep a copy and note when you send it) to the Dr. and ask that s/he revise the report with your statements.
B) Bring it up to the attention of your attorney so that it can be addressed "on the record" during the hearing.
REBUTTAL LETTER: You can hire a private Attorney to "rebut" (make corrections) the FAD Psychological Evaluation. Our law office work with Private Psychologists that will charge $600-$900 to rebut the FAD report.
You can also do a FULL private Psychological Evaluation. The Dr will go to prison and interview you and then write a FULL report. Psychologist will charge $1500-$4000 to do the evaluation.
Our office will work with the Doctors to make sure the proper evidence is presented to the Doctor to include in his evaluation of your Future Risk Assessment.