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ACTUAL LETTER VER BATIM
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Dear Mr. Phillips, Mr. Twigg,
This
paragraph is mostly included for the respected Mr. Michael Twigg, so
that he may be aware of, and help to make arrangements for, if at all
even possible, an offer of reduced restitution from the defendant in the
sited case herein, so that we may effectively and most efficiently
bring this case, again herein, to closure more quickly, thus saving
valuable time for all the parties involved, saving the County/City
precious time and money as well as insuring the victim, myself, and Mr.
Schaff, the victim's attorney of file hired to insure fair
representation and full adjudication of the defendant, immediate timely
settlement for our mutual legal contract of record for his
representation, and thus find closure for all parties involved,
including the closure of her case in its entirety as an extension of
this olive branch, only if all the other sentencing stipulations have
been met to this date, which I believe, but may have not been fully
limited to, drug/alcohol treatment, as may be reviewed on record of
file.
I am also willing to appear, if so needed, at
any and all court appearances, or draft and/or sign and have notarized
if needed, any additional paperwork including, but not limited to, motions as long as those fees for such described administrative documents be encumbered solely by the defendant in this case.
"I believe that you(added today: Mr Phillips) are the Community Supervision Officer for Helen Ziler (01-K-13-015546) who is making restitution payments for destruction of property to John Stephen Swygert in the total amount of $2,458.63. Mr. Swygert is a friend of mine who has sometimes worked in my office and I represented him in communicating with the SAO prior to the plea. He authorized me to write this email to you on his behalf. Mr. Swygert, who goes by "Steve", received one restitution check in the approximate amount of $200 following what he understood to be three payments by the Defendant. He received this a couple of months ago."
To be clear, this case was
filed originally on 12-19-2013. and today is, of course, 06-11-2015. The
final dispostion of this case took place on 03-04-2014.
From the start of the case to today's date already roughly 18 months have already transpired. If I am not mistaken, the sentencing sets forth a schedule of 30 months to pay restitution in the amount of $ 81.95 per month. This would bring the date of closure to roughly September of 2016, well over a year and a half away from today's date...still!
From the start of the case to today's date already roughly 18 months have already transpired. If I am not mistaken, the sentencing sets forth a schedule of 30 months to pay restitution in the amount of $ 81.95 per month. This would bring the date of closure to roughly September of 2016, well over a year and a half away from today's date...still!
In
actuality the payments, processed by the state, were not distributed
until several months after they were received as well, thus potentially
adding more time to this from start to finish.
This actually means a total time vested in this case of,
at the least 30+ months, which perhaps we can find closure to in a month
from today. af all parties agreed and the State offered this Mercy in
sentencing with other stipulations so met, thus saving at least 15
months of time with this one single case.
Ultimately, I
am analyzing ways in which the state may be able to save money in such
cases moving forward as well as perhaps find even better closure for the
victim's involved, if they too would offer this type of mercy towards a
defendant having met all other sentencing guidelines.
We
are concerned primarily with justice being served, and I think in many
cases, it may be possible to reduce this type of case load state wide
and save countless expenditures across our great state, and suggest that
this be a utilized startegy to right the financial ship of this state
as well as make the legal system even more efficient and better cost
effective for the tax payer.
If this conduit does not
yet exist in order to offer this type of efficient finalization in
regards to certain cases, mainly restitution but perhaps other types as
well, perhaps it could be legislation drafted and so propsed so that we
may move forward looking for even better economic solutions and
efficiency concerning the state and county/city budgets as well as a way
to free up time so that the potential may exist to even better be able
to handle the current case loads and therfore, perhaps save even more
money as we would actua;lly have to hire fewer additional attorneys on
behalf of the states attorneys office currently abundanyly overloaded in
our own county here, at the very least, but for what looks to be in the
short term and likely for the long term an growing trend as the economy
striggles furthermore which looks to last for quite a while.
I
also strongly suggest this startegy for victim's rights to be properly
represented (victims having legal representation a method often
overlooked, perhaps on contingency and a method often overlooked) to all
victims that have had property vandalized, as an example but not
limited to just those cases per se,... or for victims that are seeking
any form of restitution alongside justice being served, as hiring an
attorney to make sure your best interests are represented as well as
making certain the States Attorneys Office recognizes and fully
addresses these cases from start to finish for full adjudication will
have an overall effect of fairness and efficiency.
I
very greatly appreciate our local States Attorneys Office pertaining to
this particular case, as it appears this has so far effectvely prevented
any more crime from this particular defendant, as I have searched the
Maryland Judiciary Case Seach online and found no further accounts of
any activity of a criminal nature since this case's imitial filing, and
ultimately that is the effect the courts must demand, such that all
criminals are held accountable and pay back their respective debt to
society, whatever that may be. It also insured that my rights, the
victim in this case, were best represented, and that indeed a regular
citizen can play a part in this legal system, the finest in the entire
world. It is a terrible experience to be victim, but afte rthe fact, it
is a wonderful experience and satisfying to be a part of the actual
follow through to make sure justice ndeed prevails. The only issue that
remains is quicker closure where possible, ths pushing that envelope of
efficiency we must seek further evry single day.
Last
month, May, I received a check for only $ 20, and it has been well over
four weeks and I have not received anything to date as I sent this email
to you this evening.
I
think an offer of this nature would save a lot of time and lessen the
burden on all of us. If this was able to be done I would want that check
made out to Mr, Schaaf ultimately so I would make certain he was paid
as owed for his services, because as of now, he is a friend that I owe a
large debt to after i was victimized, which hardly sounds fair but is
the agreement I made in order to insure justice be preformed, and I
appreciate that it indeed has been.
I utilized Mr.
Schaaf's services, although being the victim in this matter, to insure
two things be efficiantly accomplished. One, that I would be compensated
as deemed proper in the eyes of the court, and secondarily, that yet
another criminal would not go unpunished after committing a relatively serious crime.
First, and of
my own personal most important concern, as I believe I owe Mr. Schaaf
1/3 of the restitution per our legal binding contract for his
representation on my behalf, if my calculations are correct, that would
be a total amount of $ 819.54. (2458.63 / 3 = 819.54)
As a ball park figure, I believe I have recieved roughly $ 600 of this imposed restitution to date, and again, that being fully a ball park estimate without me pulling all of my personal records and spending even more time then I would like to at this point, is more then likely then likely a fairly favorable estimate at best.
If that is roughly correct, that would mean that Ms. Ziler still owes me roughhly $ 1860. (2458.63 - 600 = 1858.63)
As I have personally yet to make any payment at all with Mr. Schaaf and have this burden continually hanging over my head, as well as our friendship quite possibly and reasonably logically expected to no fault on his own, as this is strictly our business arrangement for his diligent representation, my proposal is this:
If we could draft an agreement for an adjusted sentencing in regards to restitution, I would be willing to accept a total final payment today of, $ 1550 thus saving the defendant nearly $ 300 in total as a meaningful incentive and gesture towards full closure.
As a ball park figure, I believe I have recieved roughly $ 600 of this imposed restitution to date, and again, that being fully a ball park estimate without me pulling all of my personal records and spending even more time then I would like to at this point, is more then likely then likely a fairly favorable estimate at best.
If that is roughly correct, that would mean that Ms. Ziler still owes me roughhly $ 1860. (2458.63 - 600 = 1858.63)
As I have personally yet to make any payment at all with Mr. Schaaf and have this burden continually hanging over my head, as well as our friendship quite possibly and reasonably logically expected to no fault on his own, as this is strictly our business arrangement for his diligent representation, my proposal is this:
If we could draft an agreement for an adjusted sentencing in regards to restitution, I would be willing to accept a total final payment today of, $ 1550 thus saving the defendant nearly $ 300 in total as a meaningful incentive and gesture towards full closure.
As a further incentive
towards Ms. Ziler's follow through and acting as a strong an impetus to
that degree, if this was able to actually and fully close this file for
Ms. Ziler and the State's case to that effect, I only see progress for
all of the parties involved and mercy as well as this offer is extended
in reasonable fashion.
If this is not able to be done,
as there is perhaps no conduit to facilitate such a gesture, and as I
do not fully have that knowledge to date, is this something that could
be further contemplated for non violent cases where restitution is being
paid on these longer drawn out schedules, and so extended only after
all other sentencing guidelines have been satified by the defendant? I
do not need any reply but rather offer this as a legal seed, again if
that conduit is non existant at this point. However, I do think there is
a means to accomplish a goal of this sort and feel if it was better
utilized in these types of cases it could certainy prove a cost
effective measure and ultimately please all parties involved.
This proposed offer as I have laid out would, of course, all have to be reconciled first against the actual records on file. So if these are not accurate, I would suggest a formula in the amount equal to the sum of Mr. Schaaf's fee ($ 819.54) + 70% of the remaining balance owed me after Mr. Schaaf's full amount of payment is deducted from the total now actually due per those records of file.
Again, all of
my suggested financial numbers pertaining to my particular case that is
here need to be reconciled for an actual and accurate accounting before
making an offer, but I do feel they are at least fairly close and will
certaily work well towards demonstarting my overall idea as I have set
forth within this document.
Furthermore, I would suggest an architecture of this proposal that extends this olive branch for a total not to exceed 30 days from the date so offered, and if it shall be accepted, with the additional stipulation of passing a drug screening, wherein upon satisfactorily accepting and passing those stipulations, that payment would be made payable to Mr. Schaff, the victim's legal counsel, in the form of a Money Order or Cashiers Check, where as those parties, Mr. Schaaf and myself, John S. Swygert, would finalize our mutual contract, pertaining to this specific case, for satisfactory completion concerning services rendered after having recieved those funds.
Perhaps
there is an even better email address for the Govenor and one of you
would be willing to share these thoughts with him as well please, as i
did send it to him too, simply trying to more progressively communicate
and resolve several issues at once.
I
apologize for being so long winded, and I hope I have not been
repetitive within this document and was simply thinking of a creative
and efficient way to finalize every aspect of this case and bring about
the efficient closure of it in every aspect that would be deemed
satisfactory if all parties would indeed be in agreement
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TAGS
Victim Representation AND Ideas to Consider as a Victim ~ Govenor Larry Hogan / States Attorney Office Michael Twigg ~ Maryland
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