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Tuesday, August 14, 2012

A ridiculous system

Some of my legal eagle friends get upset when I bash the public defender. Yes, I know they are overworked and underpaid. This man couldn't even carry on a conversation. Ask him a question and all you heard was ahhhh...ummmm....uhhhhh.... for three or four minutes! I don't believe either Dave or I ever got an answer to a direct question. Five minutes after discussing something the PD would ask the same questions all over again.

This is the person we have to rely on to get justice for Dave? This was looking uglier and uglier. A status hearing was next on the agenda. Since anything resembling information was not available through Dave's "representation" I researched what this meant. According to what I read this was where any evidence that had been discovered during the DA's investigation would be disclosed. Well, there was no evidence! None whatsoever.

Still, Dave was offered a "deal". Plead guilty and you'll only get 10 years!! Dave steadfastly refused to accept any deal, no matter what was offered. He said "I am not pleading guilty to something I didn't do! Whatever happens, whether I go to jail or not, I will not plead guilty". Dave never even had a chance to speak to the DA directly. Everything was handled through Mr. Can'tPutASentenceTogether. After a ridiculous amount of time Mr. CPAST came out and told Dave the DA said he "needed to talk to those people some more". Well, it was almost a sentence...

We waited to hear something about this for weeks. Dave asked Mr. CPAST what the plan was for his defense. CPAST stated it would be Dave's word against the girl's and nothing else could be done. Shortly afterwards a notice came from the PD's office stating it had come to their attention Dave was employed now and he would no longer be eligible for services. Well, no great loss there. It was quite possible Dave would have a better chance at justice representing himself than he would with CPAST!

Then the notice came in the mail of an upcoming hearing. Steeling ourselves for the worst Dave and I went into the courtroom. He was called up and handed a stack of papers. He sat down beside me and we both began reading over these papers. It soon became obvious we were in Plea Court!!! After Dave making it quite clear he would not accept any type of plea bargain, he was sent to enter a guilty plea in Plea Court! More wasted time and extra stress for no reason. When he was called up in front of the judge he said, "your Honor, I have no idea why I'm here. I asked for a trial." The judge advised him to get an attorney and scheduled a court date. We should be able to go home and play the waiting game some more. But wait, it's not over yet!

A guard came, handcuffed Dave and told him he had a bench warrant for his arrest from Family Court in another county! I'll explain that insanity in my next post.

2 comments:

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  2. Good grief. The only people with communication skills are obviously the constables with the warrants. Ugh.
    Red.

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