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Pre-sentencing

Interview with Jerry and Pat

JM: Tell us about the pre-sentencing process:
Jerry: Generally the more serious the crime, the longer the pre- sentencing process can take. This can be due to many factors but since this county jail is generally small, I've noticed even big cases can take a year or so to get to trial. For the most part they don't like to stall cases too long and you can expect to make a deal fairly quickly.
Pat: It was scary I was being threatened with prison my public defender was awful and they kept post- poning my hearing, they hold us in filthy holding cells and when they come to get you for court they dont give you enough time to talk to your attorney so that you can have some idea of what to expect.

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Jerry: I have been to this jail two times for parole violations post realignment of 2011. I was escorted once by Marysville Police which was a joke because the old burnt out officer was playing the theme song to the show Cops while we took the short ride from the parole office which was formerly down the street from this jail in Marysville. The second time I ended up here was an arrest from the street for drugs and alcohol. That time it was Yuba County Sheriffs who took me for a quick ride. I have never had a bad experience with the Yuba County Sheriffs, in fact, they are probably the coolest force I've seen in a long time. They talk to you like your a human being and not some low life criminal. They understand its just business.
Pat: I called the police to my home after my boyfriend was beating me up there was many people around and nobody would help get him off of me my children were watching the only way to get him off of me was by stabbing him I called the police directly after and I was taken into custody from my home.

JM: What was court like? Please give as many details as you recall.
Jerry: I never went to the superior criminal court in this jail. The two times I was here I visited the California Department of Corrections parole board. The first time I was violated was for a 4b violation drinking alcohol. When a parole violator is booked now, they have three days to be served their charges. After that they see their free public defender lawyer after thirteen business day excluding holidays and weekends. You then see the parole board for a hearing to determine if their is sufficient evidence. With parole, the burden of proof is only 40%, so it's pretty much a guarantee they have enough evidence to retain you. When you go to parole board they escort you down to booking and put you briefly in a holding cell while you wait to be seen. The escort then walks you down the hall and you enter a small room with usually a judge and their two board members. The judge reads you your charges and offers you a plea deal. You can accept it on the spot or you can fight the case in a mini trial format within 45 days of being booked.
Pat: It was the most scariest time of my life I had been to jail before but I have never been charged with something so serious I had a $ 50,000 dollar bail he was not even charged I had a restraining order placed on me they made me feel like an animal for defending myself.

JM: What were your original charges? What did you end up being convicted of?
Jerry: My first parole violation was use of alcohol. I blew a 0.27 drunk as you can be.
Pat: Assault with a dealy weapon, with attempt to do great bodily harm F1 241.pc I believe.

Read about sentencing in the Yuba County Jail

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