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Pre-sentencing

Interview with Shawn, Tom, Linda, Margaret and Laura

JM: Tell us about the pre-sentencing process:
Shawn: Once you get booked you sit in county jail waiting for either a plea bargain or a rial by jury date. It's constant court dates depending on y our charges. Basically it's on the DA to how long your court dates will drag on.
Tom: The Pre-sentencing process involved a video court proceeding which was pretty cool cause then I didnt have to transport in the bus in handcuffs or a very crowded bus. I had a misdemeanor charge and I was able to plead immediately. I was arrested on a Friday there over a weekend so I wasnt able to get it quickly over with.
Linda: At pre sentencing the public defender talked to me and told me the district attorney was trying to have me sentenced to 3 years in prison. The public defender talked them into agreeing to 2 years. I had already been in for 2 months and was able to do the rest of my time on weekends.
Margaret: THE PRE-SENTENCING PART OF THE WHOLE ORDEAL WAS LONG AND DRAWN OUT. IT WAS RIDICULOUS HOW LONG IT TOOK THE COURTS TO DISMISS MY CASE. AFTER ABOUT 6-8 COURT DATES, I WAS FINALLY SENTENCED. I SPENT 5 DAYS IN JAIL, AND WAS GIVEN A TRAFFIC INFRACTION WITH A FINE OF $500.
Laura: Before I saw the judge I was scared. I didnt know how much time I was facing or what my punishment would be. You cant help but ask other inmates what they think will happen to you. But no one is a lawyer and each case is different. Then you go to video court which really sucks because the judge sees you on a video camera and he ususally just tells you when to come back. You cant sayanythingto the judge or plead your case, its really really fast. Bail is usually raised and OR is denied.Now that you know your offical crime you are charged with you have a better understanding of what you are facing.

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Shawn: No, I was followed and pulled over.
Tom: My family and I were in the process of moving so attitudes were already heightened. I went out fo blow off steam by playing football with my friends. When I got back, my brother and my mom were arguing over something. At some point, my brother threw something at my mom and I was already tired and pissed that we lost, so I attacked him for throwing an object at my mom. It was glass if I remember right. I became arrested in a personal fight with my brother.
Linda: No. The police did not come to my house. They came to my job. The bar that I was working at was under investigation and when the investigation was over they raided the bar and arrested me and 3 other people that were being investigated. It was like a sting operation they set up to try to get the bar closed down.
Margaret: ACTUALLY THE COPS DID GO TO MY HOUSE, ONLY AFTER I HAD ALREADY BEEN ARRESTED. THEY WAITED AT MY HOUSE WITH MY MINOR CHILDREN WITHOUT PARENTAL SUPERVISION FOR TWO HOURS BEFORE THEY WERE GRANTED A SEARCH WARRANT. THEN THEY PROCEEDED TO RAID MY HOUSE. ALL THE WHILE QUESTIONING PEOPLE THAT CAME TO MY HOUSE OR CALLED .
Laura: I was fighting with my kids father,I threw a cable box at him and it him in the head. He still wouldnt shut up, so I called the police because I thought one of us was going to get hurt bad and I wasnt quite sure who was. WHen the police came they took my statement, then they asked to speak to hin to get his version. He came to the door with his bloody head and they asked if I did that to him. THey took pictures of his head and when he said yes I did thatto him they told me to put hands behind my back and I was under arrest.

JM: What was court like? Please give as many details as you recall.
Shawn: It wasn't that bad at first until I found out I was facing a 3rd strike and life sentence, but after that it all got serious.
Tom: There really wasnt much to the court. It was a room with multiple people in it cause I always went through the video phase of court since my case was a misdemeanor. First you have to sign a waiver to allow to go to video court. Your name is called and you go into a separate room with the judge on a video screen. He asks you questions like "Is your name So and So" you answer back "Yes sir".
Linda: Court was bad because its like you don't get any chance to say anything about what really happend. They just rush through the whole thing. Nobody even looks at you. It feels as if you are not even a person or human. Its like your just another number to them. They just try to make you plead guilty so they don't have to prolong things by going to trial.
Margaret: COURT WAS RIDICULOUS. FIRST THERES THE ARRAIGNMENT, THEN ANOTHER COURT DATE. THEN THERES THE PRE-TRIAL, THEN ANOTHER COURT DATE. THEN MY LAWYER DIED, AND THEN ANOTHER COURT DATE. THEN I HAVE TO MEET WITH THE DA TO GET A PUBLIC DEFENDER, AND ANOTHER COURT DATE. FINALLY, WITHOUT EVEN SPEAKING TO MY PD AND WAITING IN THE COURTHOUSE HALLWAY THE ENTIRE TIME, MY PD COMES OUT WITH A PLEA BARGAIN, I SIGN AND IT WAS OVER AND DONE WITH.
Laura: Court was scary, just fpr the simple fact that I did not know what was going to happen.I was in a cell behind the regular courtroom where the inmates are kept. I had on an orange jumsuit, and my hair was wild and all over my head due to the fact I couldnt have it in a ponytail or braids.I was shackled and theleg irons really rubbed my ankle raw. When they finally called my name I didnt have anyone in court for me, no family or firends, that was sad. The appointed public defender talked to me and told me what they were offering. I would have signed anything just about to get to go home. I remember the judge not really caring about what led up to the incident, or what previous things he had done to me in the past. The baliff was looking at me like they couldnt believe this girl had done these things. The public defender was talking to ne likeI was dumb, just because I am a criminal doesnt mean I am stupid.I listened to the judges severe warning about what would happen if I didnt adhere to what I had agreed to. At the end it was worth it because I was going home that day and that is the ultimate goal.

JM: What were your original charges? What did you end up being convicted of?
Shawn: Burglary and forgery convicted of forgery
Tom: I was originally charged with felony child abuse, at some point the DA changed my charges to a simple assault. I was 19, he was 15 so I think thats where the first charge came from.
Linda: My original charges were possession for sales and transporting. The charges ended up with were the same charges I got when I was arrested. I disagree with the transporting charge because all I did was carry the drugs from the front door of the bar to the table where the buyer was sitting.
Margaret: MY ORIGINAL CHARGES WERE POSSESSION OF A CONTROLLED SUBSTANCE, TRANSPORTING A CONTROLLED SUBSTANCE AND SALES OF NARCOTICS. I ENDED UP BEING CONVICTED OF DRIVING WITHOUT PROPER REGISTRATION.
Laura: I was originally charged with great bodliy injury on a spouse and thatis a felony. It was reduced, Im not exactly sure to what, or if just the severity was reduced because now it is only a misdemanor.

Read about sentencing in the San Bernardino County Jail