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As an independent paralegal and post conviction consultant with over 43 years of experience in the areas of law referenced on this webpage, it is the purpose of this webpage to provide updated information as to the decisions of the various state and federal courts in addition to news articles on the subjects of criminal, immigration, probation and parole, correctional law and much more... To download brochure on Legal Support Services, click here.
Christmas Gifts
In view that based upon rules of most correctional facilities inmates are not permitted to receive packages containing anything other than publications, friends and family might consider sending a gift that keeps on giving by the wealth of information contained in my publications. Click on the above ‘Publications’ tab to view a list thereof. Remember, since some publications take four to six weeks for delivery, orders should be placed soon.
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MONTHLY CASELAW SUMMARIES
Get instant access each month to caselaw summaries of all decisions issued from all of the Federal Appeal Courts, U. S. Supreme Court and appeal courts of selected states. For additional information or to subscribe, click here
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June 24, 2008
Coming Home After a Reduced Sentence
Since the United States Sentencing Commission's recent amendments to the sentencing guidelines for crack cocaine offenses took effect retroactively in March, more than 7,000 persons convicted of a crack offense have had their sentences reduced, according to The Washington Post. The Commission estimates that 19,500 persons in prison are eligible to apply for a sentence reduction, expected to average just over two years. The Washington Post reported that some recently released individuals are slowly readjusting to being back home, with their families, and among a new world of technological advancements. Such sentence reduction process isn’t automatic, therefore federal offenders can’t just wait until they are told to pack up your going home. They need such legal support services as William Marshall to invoke the process of receiving a sentence reduction.
U.S. Supreme Court
Bounds v. Smith, 430 U.S. 817 (1977)
No. 75-915
Argued November 1, 1976
Decided April 27, 1977
Syllabus
The fundamental constitutional right of access to the courts held to require prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law. Younger v. Gilmore, 404 U. S. 15. Pp. 430 U. S. 821-833.
538 F.2d 541, affirmed.
NOTE: The U. S. Supreme Court as reflected in their opinion, referred to the use of ‘paralegals’ as the alternate to the term ‘adequate assistance from persons trained in the law’. The legal support services provided by independent paralegal William Marshall is one of such adequate legal resources available to inmates. Even if an adequate law library is made available to inmates, such doesn’t mean that access to the courts has been adhered thereto when the inmate for various reasons cannot use it. Although Johnson v. Avery, 393 U. S. 483 affords an inmate to receive legal assistance from another without being required to compensate the provider, the Avery court unlike the Bounds court didn’t established what was ‘adequate’ until the term ‘paralegal’ was referenced in asserting ‘adequate assistance from persons trained in the law’. To read more on this subject click here. Also view Supreme Court update by clicking here.
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Lowering Legal Cost
Everyone can expect to face many legal issues during their lives. Almost everything we do – attending a school, renting property, getting married or divorced, becoming parents, evening dying – is governed by law. If a legal situation occurs in your family (you or a family member gets arrested, your family business goes under, or your parents need estate planning help) will you know what to do?
Turning to a traditional lawyer may not be the answer or affordable. Today, you have a range of other options – everything from purchasing a do-it-yourself law publications or retaining the services of an independent paralegal such as William Marshall. Knowing your options will make you a better-informed user of the legal system and increase your ability to handle legal matters at a price you can afford.
Whether you decide to work on your own or retain a lawyer or independent paralegal, here are some practical ways to keep legal cost down.
Going It Without An Attorney
Do-It-Yourself
If your legal matters are straightforward and uncontested, you could save thousands of dollars in legal fees by handling the matter yourself by purchasing one of the appropriate self-help-do-it-yourself publications available from William Marshall. Many legal consumers write their own wills and trust, file for divorce, buy and sell real estate, enter into sales contracts, lease property and start small businesses with the aid of self-help publications. You will find resources ranging from forms, kits with boilerplate promissory notes to highly sophisticated interactive software that is capable of generating customized, state specific legal forms. Click on the above tab marked ‘Publications’ for a list of self-help-do-it-yourself publications available from William Marshall.
Non-lawyer Legal Support Services
Depending on where you live and/or the type of legal assistance sought, you can save a substantial amount of money by using a non-lawyer legal service provider such as independent paralegal William Marshall. Popular in states like Arizona, California, Florida and Utah, such non-lawyer professionals offer assistance with routine, uncontested legal matters such as filing for bankruptcy, getting a divorce, writing a will or filing for incorporation. In some states and under the authority of the U. S. Government, an independent paralegal like William Marshall can not only assist but represent individuals who chooses him as their representative in matters before selected administrative and judicial entities. Listed under the above ‘Links’ tab you will find such entities which authorizes such paralegalism as too codified pursuant to 5 U. S. C. 555 as sustained in Sperry v. Florida, 373 U. S. 379.
Paralegal Definition
As defined by the National Federation of Paralegal Associations, a paralegal is a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, government agency or other entity or may be authorized by administrative, statutory or court authority to perform this work directly on behalf of an individual in lieu or in addition to a lawyer. William Marshall is an independent freelance paralegal and while also serving as a consultant in certain areas of law, pursuant to selected state and federal laws he is authorized to perform the same legal task as too performed by attorneys but the former being the lea
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