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Pre-sentencing

Interview with Richard and Donna

JM: Tell us about the pre-sentencing process:
Richard: I committed a second degree robbery. I did the crimeand they were able to identify me and I was arrested.
Donna: After my arrest I spent almost two weeks in jail even though it was my first ever arrest. I was arrested on a holiday weekend so I was there longer than usual. I was OR'd and given a sentencing date that was like two weeks away. I was unclear as to what the process was at that time since I had no idea what the process was going to be at the time. I felt like because I had a public defender I was just rushed through the process and had no control as to what would happen to or with me. I was right in the end.

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Richard: I was arrested at home. It was a shock,I wasn't expecting it. The officers who transported me were pretty rough.
Donna: I was working at Kmart and agreed to let my friend take merchandise without paying for it. I was called into the security office and notified that they knew what I was doing and was arrested shortly thereafter. They told me that they had me on camera letting my friend take stuff out of the store but at sentencing they never even mentioned the video. I still think they lied to get me to confess. During the time I was in the security office they told me that my cooperation meant whether I would go home to my son that night and because I had never been in trouble I believed them and gave a full written confession and before I had even finished my signature the sheriffs were walking through the door with handcuffs in hand.

JM: What was court like? Please give as many details as you recall.
Richard: I went to court 3 days after I was arrested and put in jail.Court was very one sided against me. My case was open and shut.
Donna: Court was scary at first because I had never been in trouble before. I was given a public defender and really had no idea what was going on. I was given drug court at sentencing. I thought this was good since I was addicted to pain pills at the time. Nobody explained to me what drug court even was. I was just given a piece of paper with the drug court number on it and was told to call them and set up my preliminary visit with them. I spent a total of 4 years in drug court and it was supposed to be an 18 month program.

JM: What were your original charges? What did you end up being convicted of?
Richard: I admitted to it. There was nothing I could do but admit it. I was charged with and convicted of second degree robbery.
Donna: My original charges were conspiracy, embezzlement and burglary and a misdemeanor possession charge. They subsequently dropped the possession charge and rolled the three felonies into one grand theft charge.

Read about sentencing in the Humboldt County Jail

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