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Soooo . . . .
I went to court today for a hearing on my mom's guardianship (Brother and I were appointed permanent guardian of our Mom, who has Alzheimer's). While we were there, we got to hear a few odd tid bits of the various workings of the court.
"He didn't know he was going to jail that day."
Noise travels particularly well in court rooms, especially when there are few spectators and the judge is in his chambers. Several cases were heard before ours, and we wanted to show the judge we were present and ready to go, so we hung out in the gallery.
Who knew lawyers would have Sucky Customer stories?
The Assistant DA was relating a tale to some other criminal attorneys about an incident that had happened in court fairly recently. Apparently Doofus was due in court on some criminal matter, a theft case if I was hearing things right. And apparently, Doofus had some other pending charges that he hadn't yet been arrested on.
Doofus also had failed to secure himself a lawyer, or had not consulted with his public defender because he called the DA to tell her he wanted a "continuance" in his case. Since she was looking for him anyway, she told him, "Sure! Come on down to the courthouse and we'll ask the judge."
DA: I didn't tell him he'd be going to jail that day anyway.
So Doofus arrives, asks for the continence, gets it, and then the DA pops up and tells the judge she has warrants on other charges. Judge orders the sheriff's deputy acting as balliff to take Doofus into custody.
Things get just a little nuts after that.
DA: I knew he'd be going to jail and wouldn't like it. I mean, he's 7 foot tall and 300 pounds. I headed for the door as soon as the judge ordered the deputy to put the cuffs on. So did some of the other court folks. Then the pepper spray started flying and everyone cleared the court.
Doesn't it just give you the warm and fuzzies for lawyers?
Do as little time as possible not the best solution for this case
This guy's reasoning was just a little mind boggling to me. I think even the judge thought he was nuts.
Guy was in court for sentencing on a theft charge (Theft under $1000). Seems he'd been employed at a local footware store and had been giving improper employee discounts to customers . . . and probably getting a kickback because he had 2 co-defendants who'd already been convicted of the same charge.
Defense lawyer wanted 10 days in jail, and probation before judgement in part because that's what the other two got, and also because it was his first offense, he was an older guy with no history of trouble, and had considerable child support payments to make and owed California for AFDC on one of his kids AND was going to have to pay $3250 in restitution to his former employer.
DA didn't like that, wanted a stiffer sentence and no PBJ because of the "betrayal of employer trust", first offense notwithstanding.
Judge agreed and said he wouldn't go for PBJ. He offered the Defendant a choice.
180 days all but 10 suspended, 2 years supervised probation, plus restitution and court costs. He explained the defendant would have to pay $40/month for probation, plus court costs of about $700, and that if he got in trouble again, he might have to do the rest of the 180 days. OR
He could do "20 days flat", no probation, no court costs, just the restitution.
When I heard that, I thought the judge was offering him a pretty sweet deal. I'd have taken it in a stone cold minute . . . 20 days and be done? You betcha! He's going to have a felony conviction either way.
But that's not what Defendant did. He consulted with his lawyer then told the judge he wanted to do only 10 days. Lawyer tried to get the same deal 10 days, judge flat out said no, the seriousness of the offense meant more time if they let him off the probation. Defendant said he'd take the first offer.
Judge said, OK. Then he started running down the list of conditions for his probation. He even set the report date for jail until after the holidays.
Defendant then asks if he can serve his 10 days on weekends. His voice is quavering, he's practically crying. Judge says no, again offers the 20 days. Defendant turns him down. Judge did authorize work release, though.
Hmm. 20 days . . . and I can be out of jail most of the day by being on work release? And since I can earn good time, I probably won't even do the full 20 days?
I still don't get this guy's thinking. Having worked in corrections, I've seen the conditions and would not want to live in them.
I would also not want to submit to the supervision of a probation officer, submit to random drug tests and warrant-less searches of my home and person for TWO years.
Our family law lawyer was shaking her head in disbelief as well.
I hope this guy doesn't decide not to show up for jail in January. Judge warned him he could get 10 YEARS for that.
I went to court today for a hearing on my mom's guardianship (Brother and I were appointed permanent guardian of our Mom, who has Alzheimer's). While we were there, we got to hear a few odd tid bits of the various workings of the court.
"He didn't know he was going to jail that day."
Noise travels particularly well in court rooms, especially when there are few spectators and the judge is in his chambers. Several cases were heard before ours, and we wanted to show the judge we were present and ready to go, so we hung out in the gallery.
Who knew lawyers would have Sucky Customer stories?
The Assistant DA was relating a tale to some other criminal attorneys about an incident that had happened in court fairly recently. Apparently Doofus was due in court on some criminal matter, a theft case if I was hearing things right. And apparently, Doofus had some other pending charges that he hadn't yet been arrested on.
Doofus also had failed to secure himself a lawyer, or had not consulted with his public defender because he called the DA to tell her he wanted a "continuance" in his case. Since she was looking for him anyway, she told him, "Sure! Come on down to the courthouse and we'll ask the judge."
DA: I didn't tell him he'd be going to jail that day anyway.
So Doofus arrives, asks for the continence, gets it, and then the DA pops up and tells the judge she has warrants on other charges. Judge orders the sheriff's deputy acting as balliff to take Doofus into custody.
Things get just a little nuts after that.
DA: I knew he'd be going to jail and wouldn't like it. I mean, he's 7 foot tall and 300 pounds. I headed for the door as soon as the judge ordered the deputy to put the cuffs on. So did some of the other court folks. Then the pepper spray started flying and everyone cleared the court.
Doesn't it just give you the warm and fuzzies for lawyers?
Do as little time as possible not the best solution for this case
This guy's reasoning was just a little mind boggling to me. I think even the judge thought he was nuts.
Guy was in court for sentencing on a theft charge (Theft under $1000). Seems he'd been employed at a local footware store and had been giving improper employee discounts to customers . . . and probably getting a kickback because he had 2 co-defendants who'd already been convicted of the same charge.
Defense lawyer wanted 10 days in jail, and probation before judgement in part because that's what the other two got, and also because it was his first offense, he was an older guy with no history of trouble, and had considerable child support payments to make and owed California for AFDC on one of his kids AND was going to have to pay $3250 in restitution to his former employer.
DA didn't like that, wanted a stiffer sentence and no PBJ because of the "betrayal of employer trust", first offense notwithstanding.
Judge agreed and said he wouldn't go for PBJ. He offered the Defendant a choice.
180 days all but 10 suspended, 2 years supervised probation, plus restitution and court costs. He explained the defendant would have to pay $40/month for probation, plus court costs of about $700, and that if he got in trouble again, he might have to do the rest of the 180 days. OR
He could do "20 days flat", no probation, no court costs, just the restitution.
When I heard that, I thought the judge was offering him a pretty sweet deal. I'd have taken it in a stone cold minute . . . 20 days and be done? You betcha! He's going to have a felony conviction either way.
But that's not what Defendant did. He consulted with his lawyer then told the judge he wanted to do only 10 days. Lawyer tried to get the same deal 10 days, judge flat out said no, the seriousness of the offense meant more time if they let him off the probation. Defendant said he'd take the first offer.
Judge said, OK. Then he started running down the list of conditions for his probation. He even set the report date for jail until after the holidays.
Defendant then asks if he can serve his 10 days on weekends. His voice is quavering, he's practically crying. Judge says no, again offers the 20 days. Defendant turns him down. Judge did authorize work release, though.
Hmm. 20 days . . . and I can be out of jail most of the day by being on work release? And since I can earn good time, I probably won't even do the full 20 days?
I still don't get this guy's thinking. Having worked in corrections, I've seen the conditions and would not want to live in them.
I would also not want to submit to the supervision of a probation officer, submit to random drug tests and warrant-less searches of my home and person for TWO years.
Our family law lawyer was shaking her head in disbelief as well.
I hope this guy doesn't decide not to show up for jail in January. Judge warned him he could get 10 YEARS for that.
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