July 19, 2008
How not to act at your sentencing
This defendant showed something less than commonsense and restraint at his sentencing this past week; had he possessed those qualities in the first place, it's likely he might have chosen a rather different career path.
He reminds me of a fellow I once saw in our courthouse, being sentenced by a judge known to us as "The Time Machine." A former public defender, this member of the bench ran a strict courtroom, was a fair and impartial jurist when presiding over trials, but could be a crook's worst nightmare when it came time to impose sentence.
On this occasion, the defendant had been convicted of committing a misdemeanor offense (which one I cannot recall), carrying a potential maximum sentence of a year in the local lockup.
In an ordinary case, the judge would offer to place the defendant on probation for three years, with anywhere between 10 and 90 days in jail, depending on the guilty man's criminal history and the seriousness of the offense. However, sometimes the defendant refuses probation, preferring a "terminal disposition," where he can just do his time and walk out of the jail with no obligation to answer to a probation officer or submit to search terms and other restrictions on his freedom.
When this happens, the prosecutor often argues for substantially more custody time, sometimes even a "bullet" -- a year -- the maximum allowed by law for a misdemeanor.
In this case, the defendant refused probation, the DA asked for a year and the judge sentenced him to 365 days in county jail.
But wait, there's more!
The defendant had a half-dozen active probation cases to be dealt with, each one of them carrying unserved jail time.
The judge looked at the "kiss" sheet on the front of the first case's file and read the summary of charges, probation violations, time served and money owed.
Before he could speak, the defendant shouted, "Fuck you! Why don't you give me another year?"
The judge, without batting an eye or raising his voice, said, "The Court sentences you to 365 days, consecutive to the time already imposed."
Ignoring his public defender's increasingly frantic admonitions to shut up, the crook said, "Go ahead, give me another year!"
Without missing a beat, the judge peered over the top of his reading glasses, the next file in hand, and said, "The Court sentences you to 365 days in this matter, consecutive to any previously imposed time," then picked up the next file.
"Are you done, sir?" he asked the defendant.
"Fuck you!" came the reply, the public defender standing dejectedly next to his client, "Give me another year!"
And so it went.
By the time it was done, the crook had asked for -- and gotten -- about six years on his series of misdemeanors.
I guess he showed the judge who's boss.
"Ask and Ye shall receive," I believe the saying goes. Who knew? Sometimes, you can get what you want.
Time Machine, indeed.
Posted by Mike Lief at July 19, 2008 03:15 PM
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Comments
That was nothing to any cop who works the street. The video would only have been better if he had beaten the tar out of that cowardly defense attorney standing next to him.
Defense attorneys spend their lives making excuses and weaving lies. It's wonderful when they are forced to stand in the presence of the true nature of their clients, speechless, and looking for an exit.
Posted by: Red at July 20, 2008 08:07 AM
I love the judge's response when the Defendant tells her not to scream at him. Funny!
Posted by: Thin Ice, Sr. at July 20, 2008 10:39 AM
And he can't figure out why he is in the system! I Love it Mike!
Posted by: Smitty at August 16, 2008 01:53 AM