Interview with Bill, Rochelle, Joyce, Mikey, Eric, Kirk, Janelle and Claudia
JM: Tell us about the pre-sentencing process: Bill: Court Dates regularly spaced 20 to 30 days apart.
You will have several "plea agreements" presented
each time you go to court. Duval County has a
regular practice of attempting to have you sign a
"near-maximum" sentence agreement (example: 4 year
prison sentence on a charge that carries a maximum
of 5 years) Rochelle: I went to court and I plead guilty. They set me a
new court date I return and was sentenced. Joyce: I was there for approximately 3 weeks. I had a
court hearing the day after I turned myself in
and was released but was held for extradition. I
was there twice. The second time I was there I
was incarerated for approximately 10 days and
during that time I was sent to the pea farm. Mikey: go in through intake get searched then you get
your inmate clothes then you get sat in a cell
until your called up for finger printing and
mugshots then you wait for med check and case
worker i think they check you for teburculosis and
any other airborne or comunicable pathogensthen
you get a bed roll and indegint kit and your sell
asignment and thats it Eric: I've been arrested and incarcerated for at least
one night and/or day in Duval County approximately
20 times. There was no pre-sentencing
investigation in at least some of these arrests
and incarcerations. I feel certain that there was
a pre-sentence investigation related to some of my
arrests, but the state of Florida didn't share any
information regarding the process, including any
information discovered. Kirk: I spent three weeks from the time that I was first
arrested until the time the I went back before the
judge to be arraigned and then was postponed another
two weeks because the states attorney wanted to make
an offer to my co defendant before they offered one
to me. Janelle: I only made it to first appearance, if this is what you mean by
pre sentencing. I went before a judge, whereas they looked at
my juvinile record because I didn't have an adult record, And
decided my bond, and my next court date, based upon that. It
was scheduled for two weeks later. Claudia: I retained private counsel and we negotiated for a
very long time. I didn't see the entire court
proceeding because the judge called up private
counsel first. The court room was orderly, but
busy. The prosecutor was nice, but stern. It was
his supervisor who did not want probation, so it
took a long time for me to become adjusted to
going to prison.
JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested. Bill: No Rochelle: No Joyce: I found out that there was a warrant out on me
for issuing worthless checks and I turned myself
in. I was sent a letter by the clerk of court
about the check charge and I contacted a
bondsman to arrange my release before I turned
myself in to authorities. Mikey: well i had gotten drunk the yr before on st
patricks day i was riding a bike back to my house
and a guy struck me with his vehichle not hard so
then we got into an altercation at wich point the
cops showed up about 5 minutes later and gave me a
sobriaty test i failed was given a dui on a bike
and went to jail then i fought it in court and got
it droped to a drunken disorderly but still got
comunnity service wich i didnt do so they issued a
warrent for me then i had to speak with the cops
earlier this yr and they picked me up Eric: On only one occasion did the police stop by my
residence to visit with me, and the purpose of
that visit was to arrest me on a warrant for a $52
worthless check. It seems that before I had
relocated from Jacksonville Beach to Jacksonville,
I had made an error when balancing my checkbook
before closing the account. I had notified that
bank in Jacksonville Beach of my new address and
telephone number but never heard anything from
them at all. About 6 months after relocating,
three officers (two in plain clothes; one in
uniform) knocked on my apartment door at
approximately 3:40 A.M.. When I opened the door,
they confirmed my identity by asking if this was
my name. I answered yes and asked why they were
there at such a strange hour. One of the
detectives stated they had an outstanding warrant
for my arrest. I asked what the charges were and
he simply said "worthless check". I asked for more
information about the check and he said I'd find
out in court. I asked why it required two
detectives and one patrolman to serve the warrant.
They answered that they had difficulty in finding
me and that they had been advised to use caution
in approaching me. Since I have never owned a gun
and have not hit anyone with anything since a
fistfight in 9th grade, I laughed! I then told
them "I'm in the phone book. I have electrical and
telephone service in my name. The banks I've dealt
with all know where I live. Did you try any of
those sources?" They said nothing, but they
allowed me to put on a shirt and a pair of pants
and then handcuffed me. They walked me to a
waiting car and delivered me to the Duval County
Jail for processing. All my other visits to that
jail, with one exception, were the result of
either using drugs or drinking too much alcohol; I
was intoxicated. Once I was arrested while sitting
on a curb, trying to sober up before driving home.
I was again charged with disorderly intoxication.
The one other arrest when I wasn't intoxicated was
at a convenience store. I was arrested because
someone had told them that I had drugs in my car.
I was questioned by two patrolmen as I exited the
store with a Pepsi. They told me they had
information that I had drugs in my car. I denied
it. They said they KNEW I had drugs in my car, and
that if I surrendered them voluntarily they would
not take me to jail. I was bewildered. Then I
remembered I had a few of 2 different prescription
pills from years earlier which I had in an aspirin
bottle in the back of the glove box! I pulled out
all the junk from the glove box and finally found
the aspirin bottle. Inside were 2 different
controlled substances. I had about 10 or 15 each
of Quaalude and Fastin. In my earlier years I had
taken them recreationally. When I stopped using
them due to work reasons I had simply saved the
remaining pills "just in case" and threw them all
in one container for convenience, placing them in
the glove box and promptly forgetting all about
them! After surrendering the aspirin bottle to one
of the policemen they did arrest me for possession
of a controlled substance and took me to jail. The
other arrest when I was not behind the wheel was
when I had passed out in the front yard of an
acquaintance. I was charged with Disorderly
Intoxication. All the other arrests were while
driving under the influence; the charge was
"suspicion of DUI". I was convicted twice. Kirk: No one came by my house though I had an officer come
by my job to question me about the charges. I told
the officer the details and he left, Approximatley
two weeks later I had two detectives come to my job
and serve me with a warrant for my arrest. Janelle: No. I was given a check by a friend and asked to cash it with
specific directions. I did not follow the directions because I
didn't know it was fraudulent. I was arrested at the store, and
brought in for questioning. I was then arrested, then became
a witness for the state. Claudia: There was a warrant issued because I lived in Ca.
at the time the incident was reported. I flew home
to take care of it. I was driving down the street
one morning and the police couldn't see the tag on
the car and stopped me. There was no incident. I
was taken to the detective, but I didn't talk.
JM: What was court like? Please give as many details as you recall. Bill: Van transportation takes 12 inmates each to
holding cells at court house. At court house,
there is large holding cell for about 150 inmates.
Often it is very loud, each inmate is called out
one at a time for court appearance. Rochelle: Scary, and it made me very sad. Joyce: It was quick and I actually knew before the
judge spoke what my outcome would be. Most of us
were told if we would be released,held or the
court date passed to another time. We were
informed of this before the judge came out of
chambers. We were required to watch a film that
clafied what was told to us. Mikey: well first they stuff you in a room with about 40
other men til court is in session then you go in
and have to watch a pretrial education video that
last a good 20 minutes after that the ballifs shut
you up and the judge comes in they usually handle
mistomeners first the felonies and thats about it
you get araigned and sent back to your cell Eric: Court was somewhat like a cattle call; very
impersonal and fast. About 10 inmates were
admitted to the courtroon at a time and were
called up to face the judge one by one. I alwys
showed high respect for the court and spoke in a
firn, clear voice. I always included "Sir", Ma'am"
and/or "Your Honor" in any statement, question or
answer. Kirk: Court was actually a pretty good ordeal for me.
Judge Bass was very kind and respectful to everyone
who came into her courtroom. Even after sentencing
she allowed me to have twoo weeks to take care of my
family before I was to report and finish serving out
the rest of my sentence. Janelle: Initially I was bonded out, and my first court appearance took
months to come about. They kept pushing it back, and once it
finally came, I just stood before the judge, and plead guilty so
that they could give me a lesser charge, of adjudication with
held. It was a long process. Claudia: It was ok until the sentencing hearing. I didn't
appear until trial was set and we kept postponing
it. When I did appear, persons with private
counsel went first, so I didn't see a lot of
court. There were many accused people who clearly
had mental issues that should have not been
sentenced to jail. My lawyer didn't tell me I
could have had witnesses at my sentencing hearing.
JM: What were your original charges? What did you end up being convicted of? Joyce: Issuing worthless checks less than $500. Mikey: origanal charge was dui on a bicycle it was dropped
to drunken disorderly Eric: We'll use the arrest outside the convenience store
for this question. I was initially charged with 2
counts of possession of a controlled substance
with the intent to distribute. I was told by my
court appointed Public Defender that with my
arrest record, I was looking at a minimum of 2
years and more likely 5. I decided I didn't think
I could handle that, and I knew I didn't deserve
it. I skipped bail, but made sure the Bondsman was
paid. After evading the court by leaving the state
and changing my name, I returned 6 years later.
After I returned, I called the detective who had
questioned my family about me and explained why I
had skipped. I explained that I had become a
Christian and had turned my life around since the
arrest occured. I pointed out that for 6 years I
hadn't had as much as a parking ticket. I told him
I simply don't belong in prison! Then I offered to
give myself up on the condition I would receive no
prison time. He agreed. I was convicted but
received a sentence of 18 months of Community
Control. Roughly halfway through that sentence I
was placed on simple probation instead. I
completed it satisfactorily. Kirk: Employee Theft/Grand Theft
Dealing in stolen property
I was convicted of Grand Theft Janelle: Uttering a forged bill. It was an adjudication withheld. Claudia: Four counts. 2 counts of identity theft of 10
people or over $5000 and 2 counts of defrauding a
financial institution.