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Pre-sentencing

Interview with nelson and Amy

JM: Tell us about the pre-sentencing process:
nelson: I went straight to jail from the street. i was charged and sentenced in jail/court.
Amy: I had a extremely long pre-sentencing period as I was in for 10 days on my initial charges July 2102 then given a pass for 7 hours to move my home and I never returned from the pass until I was caught 3 months later. I held out 4 and a half months while in in order that they made me a deal to drop the Felony Escape charge that was added to my initial charges for not returning on time. So my total pre sentencing time was all that time until right before my release in March. It was hell waiting and not knowing how long I was actually going to be there or prison. I didn't have anything concrete to tell my kids and my home had been put into storage and I had limited funds to keep paying so everyday was like - how long until I lose everything by being here not to mention myself. There were addiction/recovery classes to attend and other classes. I took them all that gave me some semblance of having a life. The courts screwed up a lot on dates and paper work which stretched out my case and the pre sentencing period even further but in the end all those mistakes works in my favor.

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
nelson: no.
Amy: Well I was arrested for a 5th DUI outside of my home while moving. We had borrowed a truck to move and my son could not work the stick on the wheel (An older Truck) and so I went down the block to drive it 4 houses up to our home and the police had been in the neighborhood for some kids down the street and noticed me exiting the truck. They knew I'd had a fourth and should not be driving while my license was suspended so they came to ticket me for that and decided to breath test me. I was arrested on the spot on my drive way with 2 or my 4 children watching -devastating for all of us.

JM: What was court like? Please give as many details as you recall.
nelson: I was in all orange with a bunch of guys laughing and joking around like kids. no one took it seriously. some chick in red got pissed off and shoved a stack of papers on the floor and the guards yanked her outside. it was awesome.
Amy: First I had the same judge that gave me the pass so he was pissed that I never returned from that day pass. Because of my charges he knew he would have to give me a prison term and although he was mad I know he really did not want to do that. I had also worked professionally within that court house in the past and he knew me as a professional as well as criminal. I was bargaining with the DA for 5 month in order to get them to drop the felony escape in lou of a break in they knew I didn't do but wanted me to take. They had no witness and all false allegations so to get them to drop the escape I took the burg. But by doing that I did not actually have to do my 40 moth prison term in Prison had the escape stuck I'd be in prison still. Right before sentencing I was to be seen by a different judge who was not so bias with my escape charge. The court days were agonizing especially because after I was sentenced the sherif who calculated my time screwed up- then my attorney retired day after sentencing, They had my out date 20 moths in the future when in fact I was done. So we went back 6 times only for that ordeal and finally the judge ordered IMMEDIATE RELEASE due to the fact that the DA said I had more time yet failed to produce a correct case number I got LUCKY! Once they took me to the wrong court room and the judge and I were joking because it was so ridicules that the deputies got me confused with someone nothing like myself.

JM: What were your original charges? What did you end up being convicted of?
Amy: Felony DUI, Felony Escape Felony Burglary Felony breaking and entering Misdemeanor driving on Suspended Misd- drug possession Misd- refusing arrest on both officers two separate offensives Misd- Violation Probation I was convicted of Felony DUI Felony Burglary 2nd degree Misdemeanor Not obeying a court order

Read about sentencing in the Marin County Jail