JM: Tell us about the pre-sentencing process: Ralph: well there were multiple court dates that i had to
attend then it came down to sentencing getting the
work release deal Rachel: I accepted a plea bargaining and turned myself in although
when I did at the courthouse no ome quite knew what to do
with meow where to take meat first. It was a bit confusing. Fred: well it all starts with going to court for the
first time to see if they have enough evidence to
charge you with anything then you have a
preliminary hearing then motions then you either
plead guilty or take the whole case to trial or
just plead guilty then you wait for sentencingno Craig: The pre-sentencing process is very flawed. The
main objective of the CO criminal justice system
seems more about getting people into the system
through "plea bargains" then it does about
actual "justice". People are arrested, and those
whith money or who know people with money can
bond out, which is looked upon more favorably.
I've been incarcerated a couple few times,
bonding out only once, and the judge made it
clear to me that the system looks upon being
bonded as a way to say SOMEONE cares about you,
you must not be tottally worthless (my phrasing) Joe: You will have to report to the Denver County
Probation Department for a pre-sentencing
investigation evaluation. From this evaluation the
District Attorney will base his offer on their
recommendations. They will do a background check
and ask about any substance abuse issues and if
you will have any problems with completing your
probation.
JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested. Ralph: no Rachel: I was indicted and accepted a plea bargain. I did a
walkthrough then turned myself in. Fred: no, i was just pulled over because they said i was
swerving or what not, then pull me over ask me if
i had been drinking or what not because they said
it smelled of alcohol, so i had to do all the road
side tests and also denied the breath test. Craig: No. I was on parole and was arrested awaitng a
revocation hearing. I had found a job, however
my schedule interfeared with the scheduling of
the homeless shelter I was paroled to. How is
one really supposed to work full time if they
have to report to a homeless shelter by 2pm,
just to sit around until 5 or 6 to get in for
the night? Joe: No I did not have police stop by my house. I was
essentially not arrested. I had an accident and
was transported to a hospital for treatment. After
being treated and staying in the hospital for a
few days, I was free to go home. I posted no bond
and was not booked.
JM: What was court like? Please give as many details as you recall. Ralph: stressful, not knowing what the outcome would be Rachel: The worst experience of my life.I have always been a
contributing member of society, given back to thecomunity,
many hours of volunteer service, put myself thru college and
graduated with honors. When I was I indicted, I becamed dirt
in the eyes of the court. The DA hated me never tok not
account any of my history. This was the first and only time I
had ever been I trouble. Fred: Going to court is always a hassle, there are so
many people waiting to see the judge or da or even
there public defender or attorney. Its definitely
a stressful situation and can be a whole day
ordeal. Best thing is to not get in trouble at
all. not worth the trouble. Craig: Court - or, in my case the hearing, was nothing
more than a documented formality about decisions
made BEFORE I even entered the room. The hearing
officer even admitted as much. He TOLD me that
he had already decided to revoke me. The hearing
was just to see for how long and to where. Joe: Court is your typical cattle drive. The public
defender is overworked and will push for a deal,
they do not want to go to trial. The DA's are not
able to be swayed for a lesser sentence under even
the most extenuating of circumstances. They play
hardball. Colorado is very petty with misdemeanors
and you will be sentenced to jail on even the most
minor offenses.
JM: What were your original charges? What did you end up being convicted of? Ralph: DUI with priors, plead guilty to DUI Rachel: There were 10 of us indicted under the Colorado organized
crime act. After a couple of years of court I took a plea, I was
drained, mentally exhaustedandjust wanted my life back to
some sort of normalcy. I pled to a class 3 felony, securities
fraud. DA gave me the option of a class 4 and serve more
time I jail, but I had a baby to take are and opted for less
time. Fred: dwai, driving under revocation, reckless driving Craig: My original charges were forgery and larceny. Joe: My original charges were 2nd in a lifetime DUI and
no insurance. I was convicted of the DUI