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Pre-sentencing

Interview with Shawanda Miller, Jeremy, Chuck, Charles and Josh

JM: Tell us about the pre-sentencing process:
Shawanda Miller: If you were arrested and brought to jail, generally there would be no bail until you would been seen by a judge generally within 2 days, then either they would let you go own own recognanze or post bail. If you were let go, then you'd receive a court date within the month or following month. Sometimes depending on the case, they may or may not order a pre-sentencing investigation. Then at court you'd have the omnibus hearing either by pleading guilty or not guilty. Then they'd give the person another court date either within the month or so.
Jeremy: I turned myself in for a felony warrant that was over 4 years old. So I spent only one night in jail as the next day i went to court and the judge OR(released) me until my next court date. I suggest people that have a warrant do the same and this way you might avoid bail costs as the judge will most probably release you until your next court date.
Chuck: Roughly most cases, 97% in fact, don't go to trial. They plead out. That's what happened to me. Most people take the deal because there's a lot of pressure when you're looking at time.
Charles: I was arrested and charged with my crime. I went to the county jail and couldn't get bailed out so I sat there for 6 months. It sucked and I hope I never have to go back to that county jail again. to court a few times and eventually came to the sentencing process.
Josh: Well the intake process is terrible. They keep it really cold and they throw you in a concrete box for up to 72 hours with other inmates. They finger print you ask a whole bunch of questions, and you don't know how long your gonna be in there for so everybody is really anxious to go to court.

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Shawanda Miller: No. Only time they'd stop by is when a warrant would be issued.
Jeremy: no
Chuck: I was pulled over and arrested for a DUI.
Charles: No. I was arrested out in the public. I was out smoking drugs and stealing and the cops were already looking for me and I walked right up on a parked cop car all blacked out. The cop got out and started questioning me and figured out who I was and arrested me.
Josh: They police didn't come to my house. I threw a flower pot through my fathers door in an amphetamine fueled rage and then my Grandpa fell over so I helped him up because I felt bad. Being homeless was hard. My family wouldn't let me in so I freaked out. When the cops got there I ran and got away on foot for 2 hours. I was walking down the street when a cop saw me and I gave up. When I was in the back of the cop car I adjusted my handcuffs from my back to my front and the cop thought I was getting away so he took me out the car and threw me to the ground right next to the car's exhaust. I yelled, "why right next to the car exhaust". He just kept yelling, "stop resisting". I was not resisting or trying to escape.

JM: What was court like? Please give as many details as you recall.
Shawanda Miller: There would be 2 different court hearings. Basically the people in jail, court would be held over at the jail. Then other court hearings would be at main court house or one of the service centers. You'd walk in give name, talk to the public defender if you chose to, or you could talk to the prosecutor. Generally you would be there approximately 2 - 2 1/2 hours. Sometimes, court would be held over until the afternoon court which starts at 1:00 pm and sometimes you wouldn't get in front of the judge until 3:00 or 4:00 pm depending how busy the court was.
Jeremy: Court was just the arraignment. I went in front of the judge and even before she mentioned my charge she said that it looks like i turned myself in so she said she is going to release me. Even my Public Defender didnt have to say anything!
Chuck: Well, you're worried about your case, about what's going to happen, what's your going to say. I had a private lawyer so I felt a little be better with that but it's still very stressful.
Charles: This was a long process. My Public Defender's in Dakota County were not really willing to fight for me much and I ended up getting convicted of terroristic threats and possession of controlled substance. I didn't get a fair chance to defend myself in Dakota county. Jail is a business in Dakota county.
Josh: Well for court they make you walk underground through this quarter mile long tunnel that goes from the jail to the court house. I wasn't lucky enough to take the walk as they had me handcuffed and cuffed in the legs being pushed by a wheel chair because I had freaked out during the intake process because it was so cold and I couldn't sleep on the concrete. I repetedly asked for a blanket and a bible, until they came in and tazed me and put me in a restraining chair for about 3 hours and then put me in 6100 or, "the hole" where you don't get anything but a jumper, hygeine, a blanket, a sheet, a bible, and you are stuck in a cell for 23 hours a day and have to listen to all the other crazy people yell and scream all day. After walking, (or being wheelchaired over) they throw you in a concrete tank with 10 other inmates that are going to court. When you get back your lunch is cold and has been sitting out for possibly longer than an hour (I thought that's illegal).

JM: What were your original charges? What did you end up being convicted of?
Chuck: Driving while intoxicated.
Charles: terroristic threats and possession controlled substance
Josh: 1rst degree burglary was my original charge. I wasn't there to steal anything, I wanted to go to sleep. I pled to criminal damage to property (a felony).

Read about sentencing in the Dakota County Jail