Suppose a person is arrested and charged with a crime, held without bail, tried/convicted and given a lengthy prison sentence. They own a house (with a mortgage), a couple of vehicles, and have a bank account and some mutual funds.
Now that this person is in prison, how do they manage their estate? They need to make mortgage and insurance payments, and they need to file income tax returns, if only for the dividends on the mutual funds. How can they take care of these things while in prison?
Power of Attorney?
Power of attorney is the way to go usually. Some prison systems have programs to help new prisoners, but that a peculiarity to each system.
You sometimes hear of sentences delayed for a short period so the convicted can “settle their affairs” - which presumably means making the arrangements discussed above.
This is the case in the American federal system. Which as I said is a peculiarity of that system.
Its not universal. A lot of people will be arrested suddenly and unexpectedly and have been incarcerated throughout the investigation and trial, and afterwards when serving their sentence. They will be totally dependant on the goodwill of others to manage their estates. and take care of things like childcare, pets etc.
Last year at the start of the pandemic, lots of prisoners had the opposite problem they were suddenly released and found themselves having to re-integrate…during a generalised global shutdown.
By suddenly, I mean they were called to the office and told to sit on a bus back home. Usually, a prison has a release office that works with a prisoner and his family to start the transition week or even months before a projected release, even for unscheduled releases, like due to appeal or commutation, they have at least some inkling and make contingency plans.
If you’re white, charged with a white collar crime, you’ll almost certainly get time to get your affairs in order. You probably have been out on bail until your conviction anyway.
If you’re a person of color, charged with a drug or petty crime, sucks to be you. Even if you’re just arrested and held, and the charges later dropped, lots of these unfortunate people lose their jobs and homes, even if never actually charged with a crime.
Thanks.
And if you’re Larry Nassar it’s apparently just not an issue.
I met a fellow who had done time in jail for a serious crime for five years. He was arrested outside the bar one night; he was in the construction trades, and by the next morning all his tools had been stolen from his truck and his workplace. Needless to say, this did not bother the police. They obviously did not give him any time to secure his belongings and lock things up.
Was thinking about this during the Derek Chauvin trial, moreso because it was a high-profile case than about him specifically so reply based upon a generic person in somewhat similar circumstances (on trial for the death of another person, even if only involuntary manslaughter) rather than him specifically. He was divorced & assume no siblings living nearby. I’d also assume a lot of ones friends would distance themselves after a conviction of that nature. I know I can hire someone to clean out a house but could I hire someone to make two ‘keep’ & ‘discard’ piles? How would someone else know which t-shirts I want & that that one was a gift from my now deceased relative?
When the defendant walks in to the court house when jury deliberations start, they might go home that night a free person. However, if the jury comes back with a guilty verdict, they’re immediately going to jail for some (TBD at a later date) number of years but with an expectation that they will get out of prison after their sentence (ie. not a life sentence). I’d assume most people can’t afford to keep a house or apartment for an extended time with no income but would want to keep at least some of their possessions.
Is a defendant in this position supposed to pack all of their possessions that they want like they’re moving? Who would move the defendant/convict’s stuff to storage? I’d think many people would have cash flow issues, after paying for bail & legal fees. Sure, they’d get some more once they sell their house but they need to empty it out to go to settlement & no mover is going to work on credit. What happens in the above scenario?
Was he actively working at the bar when he was arrested & the police didn’t secure his property or had he left his worksite & was at the bar drinking & his truck just ended up spending the night in a not-so-wonderful area? There’s a big difference between the two. Don’t most construction projects take place during the day? Sure it’s a hassle, but wouldn’t insurance cover a lot of that stolen property?
He pulled a shotgun on some other bar patrons outside the bar, then drove away. Assorted mayhem ensued, without getting into details, he was arrested. Presumably his truck was left parked for a while; his (large-ish) tool chest at the worksite was also broken into - I assume someone learned the guy was out of commission for quite a while (wouldn’t be getting bail) and took advantage fairly quickly.
5 years seems excessive, unless the gun was illgal.
Excessive for pointing a gun at people? Not in my opinion.
5 years?
Yes? Maybe he’ll learn not to point guns at people next time.
Someone who doesn’t have a support system willing to help with those issues, or the liquidity to arrange for those things to be handled, will likely just lose all of their stuff in the eventual eviction/foreclosure/tax sale if they go to prison for years.
That doesn’t strike me as the police not being bothered by some possessions going missing. Sounds like they had their hands full with someone posing a clear public safety.
Without getting into details, I asked a lawyer friend of mine about this case and the details. He said a guy who got 5 years for running over and killing an undercover cop was a case of the judge basically saying “I think the police are lying through their teeth about the details of how a policeman identified himself.” Without proper identification, it was a case of someone being assaulted by random tough guys who appeared out of nowhere while he was trying to drive away.
Hence the implication that the police were happy to have even more bad things happen to the guy.