JM: Tell us about the pre-sentencing process: Randy: Went to court for my DWI with my lawyer. Judge Cundiff
accepted a plea bargain that included some shock time to be
done within a month. Will: My initial meetng with a judge was conducted via
live feed television in an apparent courtroom
facility inside the actual jail. There was a
raised dais and bench for a judge, and several
rows of pew type seating for others. A televison
with a camera, microphone and speakers mounted
on it was set on a tall rollable cart at the end
of one of the seating rows and the inmates were
alowed to approach it one at a time to speak
with the judge. This was the "arraignment" phase
of my coutroom proceedings. I never met with a
lawyer, and was told I did not qualify for one
to be appointed. I only went to an actual
courtroom once after that prior to Sentencing,
and that was only to enter my plea before the
judge and to speak briefly with the prosecuting
attorney assigned to my case. Cynthia: All in total I waited 2 months to be
sentenced.There were 3 court dates before my
last one.
JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested. Randy: No. Will: I was arrested at my home in Elkhart, Indidna by
local police who were executing a warrant issued
by Saint Charles County for Criminal Non-Support
(i.e. failure to pay child support). I was
housed in Elkhart County for about two weeks
before being transported cross-country by an
inmate transport company based out of
Mississippi to Saint Charles County Jail. Cynthia: No I was arrested immediately after committing
the crime and was brought to jail where I stayed
until I got sentenced.
JM: What was court like? Please give as many details as you recall. Randy: Talked with my lawyer then eventually saw the judge and
talked to him at the bench. There were lots of people in there
for traffic crimes mostly DWI. I signed paperwork then went
and paid my court costs. In total I was in and out in less than
an hour. Will: It was brief every time I went. I remember
feeling very overwhelmed and unprepared. No one
took it upon themselves to explain to me more
than the basic fact of what was happening to me.
I was never told the "big picture," only what
was happening now, and even that was only
cursory at best. The whole expereince felt like
it was something that was "happening" to me, not
like a process that I actually had a voice or an
active role in. I was playing only a minor part,
a walk on role at best, and my only lines were
spoken in haste and with the feeling that they
did not really matter. On one of my appearances
I was one of only three inmates brought into the
courtroom, and there were no other civillians
present, only the Judge, a Baliff, a court
reporter, the prosecuting attorney, a few public
defenders and a Sherrif's Deputy. The rest of
the courtroom was as empty as a church on
Tuesday.
JM: What were your original charges? What did you end up being convicted of? Will: I was charged with Criminal Non-Support and
ended up being convicted of the same. It is a
Class D felony in Missouri.