Unjust Incarceration Due Process

summariZe this to a short message to send to an attorney asking for help

Urgent Request for Assistance: Due Process Violations and Unjust Incarceration of Michael Bennett Rogers, TDCJ #*, Case #*-A I hope this message finds you well. My name is Lori Huff Mize, and I am writing to seek your urgent assistance regarding a troubling legal situation involving my fiancé, Michael Bennett Rogers, which has led to his unjust incarceration. Background On or around July *, *, while working in Limestone County, Groesbeck Texas, my fiance’ Michael Bennett Rogers was pulled over for speeding. During the stop, the officer allegedly found drugs, leading to Michael's arrest and a charge of simple possession (Possession of Controlled Substance, Penalty Group *-*). Despite this being his first offense in Texas, he was sentenced to 10 years of probation with the help of paid legal counsel. The substance in question had a street value of only $*-$*. Transfer of Probation From Texas to Louisiana On May *, *, his probation was transferred to his home state of Louisiana. The only document he received was DOC #* Parish OUT OF STATE, State of Louisiana Conditions of Probation. The COVID-* pandemic brought numerous challenges, including statewide shutdowns and significant turnover among probation officers. These disruptions led to alleged probation violations, for which he was never notified. Unjust Transfer and Arrest On February *, *, without any prior notification to Michael, the state of Louisiana decided to transfer his probation back to Texas. Subsequently, Texas issued a warrant for his arrest, again without providing any notification to him. On April *, *, he was arrested in Tensas Parish on a probation violation warrant issued by Texas. He was extradited back to Groesbeck, Texas, on April *, *. While detained in the Groesbeck jail, he was served with a Motion to Revoke on April *, *. During his revocation hearing on May *, *, his probation was revoked, and he was sentenced to four years in the Texas Department of Criminal Justice (TDCJ), with the help of paid legal counsel . He was subsequently transferred to the TDCJ Beto Unit on July *, *. Current Situation On May *, *, during his hearing, his probation was revoked, and he was sentenced to four years in the Texas Department of Criminal Justice (TDCJ), where he is currently incarcerated. Procedural Errors and Due Process Violations Throughout this process, there have been significant procedural errors and violations of his due process rights: *. Lack of Notification: He was never informed of the alleged probation violations or the warrant for his arrest, violating his right to due process under both Texas and Louisiana law. ◦ Texas Law: Texas Code of Criminal Procedure, Article 42A.* outlines the procedures for revocation of community supervision (probation), including the requirement for a hearing and proper notification. ◦ Louisiana Law: Louisiana Code of Criminal Procedure, Article * requires that a probationer be notified of any alleged violations and given an opportunity to respond. *. Pandemic-Related Issues: The COVID-* pandemic caused unprecedented disruptions, which contributed to the alleged violations. *. No Opportunity to Defend: He was not given a chance to defend himself before his probation was transferred back to Texas, violating the principles of due process. *. Probation Revocation Procedures: Louisiana Code of Criminal Procedure, Article * outlines the conditions and procedures for probation revocation, which may not have been followed. *. ICAOS Rules: ◦ Rule *.*: Requires that the receiving state notify the sending state of any violations and provide the offender with a written notice of the violation and the right to a probable cause hearing. ◦ Rule *.*-*: Mandates that the sending state must conduct a probable cause hearing before retaking an offender. Due Process Requirements • U.S. Constitution, 4th Amendment: Protects against unreasonable searches and seizures. • U.S. Constitution, 5th Amendment: The government cannot deprive a person of liberty without due process of law. • U.S. Constitution, 6th Amendment: Guarantees the right to a fair trial, including the right to be informed of the nature and cause of the accusation, the right to confront witnesses, and the right to have legal counsel. The lack of notification and the inability to defend himself could be seen as a violation of this amendment. • U.S. Constitution, 8th Amendment: Prohibits excessive bail, excessive fines, and cruel and unusual punishments. • U.S. Constitution, 14th Amendment, Section *: The state must provide due process when seizing someone. These rules were not followed, further compounding the procedural errors in his case. Financial and Emotional Toll This simple charge has cost him OVER $*,* and YEARS of his life that he can never get back. Veteran Status Adding to the gravity of this situation, Michael Bennett Rogers is a United States Armry veteran, who has served this country honorably. His service and sacrifice make the injustices he is facing even more heartbreaking. Request for Assistance We are deeply concerned about the well-being of Michael and the significant impact this situation has had on our family. We believe that his due process rights have been violated, and he is being subjected to excessive punishment for a minor crime. We kindly seek your intervention to ensure that justice is served. We respectfully request your assistance in reviewing his case and advocating for his release. Thank you very much for your time and consideration.

Lousisana laws on probation revocation due to pandimic issues