JM: Tell us about the pre-sentencing process: Rachel: First, before you even get a lawyer, they put
you in with people who want to be "jail
lawyers". They try to get in your business and
tell you what to do about your situation.
The (jailers) expect you to discover the
process on your own. No instructions are
provided as to what the steps in the process
are, ie get a lawyer, preliminary hearing, bail,
court dates anything.
I knew I needed a lawyer, but first I had to
apply for a public defender, which I knew I
could not qualify for. . .they don't tell you
when you are doing this that if you 'fail to
move on to the next step' you have to wait at
least until that same day the next week do do
the process over again. There is no "next day"
or when people are available, you just have to
wait. I am pretty sure they were just keeping
me a long time becuase they thought I was guilty
and they were trying to have me make friends and
tell them the "truth" which would then be used
against me. (OK do NOT say this doesn't happen,
it DOES)
Paula: I had a presentence investigation through the
Probation & Parole Department that took
approximately 60 days to complete. I spoke with
a parole officer for about an hour and a half
and answered about 100 questions concerning my
background and previous arrest(s). A forma
report was then typed with copies being sent to
the court, my attorney, and myself. Lindsey: I was 17 years old at the time and homeless. I
moved out of my mother's house at the age of 1
because she had drug problems my whole life and my
father also had the same problems ad was never
really in my life. I was dating a man that was
almost 20 yeas older then me also at the time and
he was arrested at the same time I was for other
reasons. I was a clyptomaniac for sure. I could
not go into any store without taking something. I
would almost alwas bu something too but anything
in my mind that that specific store was charging
too much for I would take. It was just a really
messed up way to justify it in my mind. I have
definitely learned from m mistakes with that whole
part of my life. What me and my boyfriend at the
time started doing was stealing smaller items that
cost alot, find someone to take the item back get
a gift card worth $100 to $200, and sell the gift
card for cash. I also got into stealing and
selling ifths of liquor, which I sold for $10 a
fifth unless it was a more expensive drink.
JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested. Rachel: I had called 911 because of a vehicle accident,
with injury. Paula: I was an inmate at another state and county
jail, specifiacally Hamilton County, Ohio. After
that case was disposed of I was transfered and
extradited to Boone County, Kentucky. I can say
however that U.S> Marshalls showed up at my
mother's house once an arrest warrant had been
formally isuued Lindsey: I was caught stealing bras in Jc Penny and was
arrested in their security room by Boone Count
Sheriff's department. It was the most embarrassing
moment of m life. The police officers walked me
through the middle of he entire store in cuffs so
that everyone that seen me knew EXACTLY wha I was
going to jail for.
JM: What was court like? Please give as many details as you recall. Rachel: Well, I did the video thing, which was
basically "nothing". You just say yes or no,
respectfully, but you don't get to really speak
of any details.
My first live court appearance was after 30+
days, my bail was raised from $5000 (already
paid mind you) to $100,000 and the first bail
was just LOST. Court appearance they lowered my
bail back down. My bail was raised because
someone (who's sister is a BC deputy) bitched
that it was not enough. Paula: Court was a joke. It took almost 3 months to
actually go to court and then the actual hearing
to plead guiity took at the most 5 minutes with
another 60 days after that to conduct a
presentence investigation and to be formally
sentenced. Spent MAYBE a total of 15 minutes in
court. Lindsey: While I was in jail I had to go to Municipal Court
for a ticket I had received a few months prior to
me being arrested. That was probably the second
mos embarrassing moment in my life. I was the only
inmate in the entire courtroom so ALL eyes were on
me. I was in my black and white jail attire (very
fashionable!!) and hand cuffs that were also
connected to shackles.
JM: What were your original charges? What did you end up being convicted of? Rachel: Origianlly: DWI. After the complaint, from the
injured's boss, my charges were changed to
attemped murder with a "weapon". The boss had
complained because he owns a moving company, and
one of his two guys couldn't work, and he was
going to potentially lose a lot of money, so he
said I tried to kill the injured person.
Eventually, becuase of testimony from same
injured party, I was able to "plea bargain" for
a DWI. Paula: Failure to make required disposition of property
over $500.00
Receiving Stolen Propery over $500.00 Lindsey: My original charge was a felony in stealing and I
was eventually convicted of two misdemeanors in
stealing by the grace of God because if I had ended
up with a felony I would of got prison time.