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.