JM: Tell us about the pre-sentencing process: Clinton: It took a long time to get through the court
process. I found it very important to have a
private attorney who would watch out for my best
interests. The public defenders want to become
district attorneys one day, so they work with
them instead of defending you. Tyrone: What happened was it was a Friday night, I was
out with my friends, were drinking and had
marijuana. We were pulled over for no
registration, and I didn't want to pull over. I
was on immigration hold so I tried to run. They
tried to taser me. The officer got me in the
corner. I threw myself in the corner on the
ground. He wanted me to put my face in the
sewer water in the ground. I didn't put my face
in it, I just gave up. He kicked me in my
temple. I got up and I don't know what
happened. I think he slipped and I started
running and got tackled by another police
officer. There were 4 officers and they were
beating me with sticks. They took me to the
hospital where they said I was fine. I got a
bill from the hospital even though I didn't ask
to go. My attorney told me they had a right to
beat me because I was running.
JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested. Clinton: They came to my house and arrested me. I wasn't
expecting them. It was calm when I was
arrested. Tyrone: See above.
JM: What was court like? Please give as many details as you recall. Clinton: I went to court about ten different times on the
case. I recommend getting your own attorney.
The defendent needs to be prepared for an
extensive and exhaustive court experience. It
takes 6 months minimum to be processed through
this system. I hired a private attorney and was
given a court date. If you are involved in a
property crime, you need to already have some
restitution before sentencing. I was given a
public defender on the first court date and he
said I was going to state prison so I fired him
on the spot. The Judges and all the attorneys
all have very full calendars, so they are always
changing when your hearing is. The court can
also impose at will a court date for multiple
victims. They are called restitution hearings
and they are constant. They all ask you to
waive your time and the process goes on and on
and on. My private attorney called the shots
more than a public defender would have. Tyrone: When I went to court I was taken shackled on my
ankles and my wrists. It depends if you are
going to court in Fairfield... they put me in a
cell for 1-2 hours and then an elevator up to
another cell for 10 minutes. Then they called
my name, they called an arraignment, and then I
went back to the cell for an hour and then I was
taken back to my cell. In the other court in
Vallejo, they wake you up at 7 in the morning
and keep you in a cell for awhile until they
take you. Then they take you to the court and
leave you there all day. They don't feed you if
you miss dinner and I did that when I went to
court.
JM: What were your original charges? What did you end up being convicted of? Clinton: 487A Felony Penal Code, Grand theft, both
charged and convicted Tyrone: Original charges were felony evasion and willful
disregard for people, possession with intent to
sell and transportation of marijuana. I was
convicted only of felony evasion.