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My younger brother (age 20) has a court date set up for November 22. Basically, he is on his way to prison. Now I'm not saying this because he's my brother; in fact, I would be saying this if he were just some random guy I didn't know - he doesn't deserve to go to prison for this shit.

He was initially put in jail for 'breaking and entering' last October? November? Which, I find it hard to believe that he would do any of this if he wasn't provoked. He said there were two other guys, but they never did get those two bastards. Anyways, so my brother spent a couple of months in jail for this, and then they let him out on five years probation.

The probation is where the problem is. For him to pay his monthly probation fees, he needs a car and a job... unfortunately, a lot of places don't want to hire on somebody with his background, so he never found a job, and during his last couple of visits with his parole officer, they found weed in his system. So yeah, they picked him up about a month ago and took him to jail.

I know this makes him sound like a bad person, but he really is NOT a bad person. He is NOT a criminal, as much as he may sound like one. Honestly, he is a VERY good kid who loves to help people and do the best he can do. It's hard for anybody to see this, and I'm the only person in the family who can still see that he has good and potential left in him...if people would just HELP him and quit PUNISHING him over the things that he may not have had any control over!! But right now, in the jailing system, they're treating him like he's a criminal. He is on the inmate floor with the true criminals - the ones who, for the most part, have committed murder. This scares me.

My brother needs help, but prison is NOT a solution of help for anybody. I really fuckin hate the legal system sometimes, but that's a discussion for another time. My brother needs mental help, no doubt about that.

So my question... if my brother is evaluated by a psychologist, and they say that he does in fact need mental help, but the judge still refuses to give that to him... or puts him in prison with the "true criminals" who harm him... could the legal system (or that judge?) be sued? Could I give them a big kick in their ass, the way that they deserve?

I want to know from anybody on here who knows about the legal system... before I go out and spend money on getting a lawyer.

This judge who is doing my brothers case... she's a cruel bitch. She put her own son away for 15 years, and he ended up committing suicide after three months in because he couldn't take that his own mother put him away. I'm very scared for my brother. I'm usually always an optimistic person, but... I know my brother, and I know how things have been when he has been locked up in the past... and if he goes to prison (which, he will get anywhere from 2-10 years, I've been told) I know something bad will happen to him. He will get seriously hurt, or even worse. Sorry, I can just feel it... and my gut instincts are rarely ever wrong.


But I need to get crackin' at this. His court date is coming up, so if there's anything I can do to show these dickwads where they can shove their happy "law-abiding" selves... yeahhhh...
 
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I recommend you tell your brother to get a lawyer, if he is assessed by a psychologist and confirmed to have a mental problem the lawyer could attempt to use it as a defence, there isn't much you can do about the judge.
 

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Although I am not sure I am pretty sure you couldn't sue a judge for something they did pertaining to their judge work, you could only sue them if it's for something personal, like they hit your car or something.

As for the job thing, if he can prove he is putting an honest effort and not getting one, I think there are services that can assist people with a "record" in getting jobs?

To be honest, you just just have a quick session with a lawyer to discuss this. Why do you think they get paid so much? Because the law is so damn complicated and it takes forever to even know about one part of it. I'd just get with a lawyer.

Good luck.
 

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Can you find grounds to get the judge dismissed and replaced by someone else on the grounds that she is biased? Is that even possible in your legal system?
 
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