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Pre-sentencing

Interview with Kristen, Renee, Chad and Dennis

JM: Tell us about the pre-sentencing process:
Kristen: It was very lengthy, especially when I went to Cambridge Springs. It was years later before I was sentenced to jail. They offered 1 year house arrest if I plead guilty, but my probation officer said I wasn't guaranteed to get it, so I took it to trial. I was 8 months pregnant the day of my sentencing.
Renee: It took me 3 months to get sentenced, it normally takes up to 7 months, but i had an attorney hired who sped up the process. When i was arrested the next morning my bail was set through a hearing over web cam. Two weeks later i have my preliminary hearing, where i went in front of the district justice. Two months later i had my plea hearing where i pled guilty and agreed upon my plea deal, and a few weeks later i was sentenced to 11 and a half to 23 months.
Chad: I was originally sentenced to 6 mos probation on this case. I violated the conditions of my probation by incurring a new criminal charge, and my probation was revoked. I was re-sentenced and given a jail term of 1 - 6 months. I served a little over a month in the Erie County jail.
Dennis: i had to spend about four months in the Erie county prison prior to being sentenced. I was put in charlie pod which is the parole and probation violators pod.I was given a pre sentence information packet that i had to put in all pertinent information pertaining to my crime and if i had a lawyer or if i needed 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.
Kristen: The first DUI I got I fell asleep while driving and went into the field right across the road from my house, but didn't wake up. Someone headed to work saw me and called the police. The second one I was lost driving in Erie and got pulled over for swerving. The third DUI I was sleeping in my car, because I was too drunk to drive.
Renee: Police came to my house to search, i was accused of burglary, and someone had seen me. They identified me by the cloths i was wearing, i had had a run in with the same police officers twice earlier that day and recieved two disorderlly conducts. I refused to come home, or meet with the police, so a warrent was put into effect. Two weeks later they recieved a tip as to where i was staying, they came and arrested me.
Chad: I was originally arrested in 2007 for a drug paraphernalia charge. The Attorney General served an arrest warrant on me for a non-related case, and they saw some drug paraphernalia on my table and arrested me for that as well. The most disappointing thing about it was that the thing wasn't even mine!
Dennis: The Erie city police came to my house to serve a warrant. There were no questions that they asked because they already knew why they were there. I was arrested because i was on the run from adult probation for about two years ( failure to report) to my P.O. and a drunk driving charge that i failed to appear in court for.

JM: What was court like? Please give as many details as you recall.
Kristen: I sat at a table with my lawyer and the D.A. and listened to testimony from the cop and my friend. I faced the jury the entire time. The judge had no mercy for me being 8 months pregnant. His brother was killed by a drunk driver. It was a long day.
Renee: At 6 am all the inmates who had court that day were taken off the pod and to a holding cell, where we waited two hours(untill 8 am) for the sheriffs to arrive. When they arrived all the inmates were lined up and placed in hand and ankle shackles, loaded into a van, and taken to the court house. Once we arrived we were taken to a holding cell, and the shackles were removed. At the time of our court hearing we were placed in hand shackles and escorted to our hearing location, where we were met by our attourneys, family of whom we could not speak to, and anyone testifying against us. we were to stand infront of the judge and answer their questions. At my sentencing the victims of the houses i robbed were there, which was embarrassing. They wanted me prosicuted to the fullest extent, by my judge wanted to keep me in county. He gave me 11 and a half to 23 months in the Erie County Prison. and 9 years probation. After the judge was finished sentencing I was brought back to the holding cell where I was to wait for everyone else to finish, then put in shackles again, and brought back to the county prison where I was searched and taken back to my pod.
Chad: Court in the Erie County Court of Common pleas was fast. I was given the 1-6 month sentence while already incarcerated (on a probation detainer for violating.) Going to court from the Erie County Prison was interesting. People at the jail who have court that day usually know they have court, or are told by the jail staff to get ready for court. They are then taken to a holding area in the jail where they are put into Sherrif vans, shackled together and into the vans, and taken to the courthouse. Inmates are housed in jail cells within the court house (used to be the jail for Erie many years ago) while they await to go sit in the court room pews. Inmates all sit together in the same section in the court room, and are called up by the prosecution when it is their turn. They go in front of the judge, and then sit back down and wait for the others. Everyone is then taken back to the jail cells in the court house and they wait until everyone who came in the Sherrif vans to be finished. Eventually everyone is taken back to the jail.
Dennis: The first initial court appearance was within three days of arrest. That was just to explain the charges. I was also given the chance to see my probation officer. It was a pretty fast hearing the judge had explained that i was unable to have a bond and that i was not going to be eligible for a work release program.

JM: What were your original charges? What did you end up being convicted of?
Kristen: D.U.I. and Public Intoxication. They threw out the P.I. and I just got charged with a D.U.I. This was my third D.U.I. conviction....a few months later and it would have been over 10 years since the first 2 and I would have had a lesser sentence. My first 2 got me house arrest. I then got charges for driving without a license, DUI related, no inspection, no insurance, no registration, and having the wrong plate on the car. My probation officer revoked my probation and I spent 3 weeks in county until I went in front of the judge who released me and gave me house arrest. After my last DUI, I got a retail theft charge which I had to pay a fine for and take retail theft classes.
Renee: My original charges were almost all of the theft charges a person could get, such as burglary felony, theft by unlawful taking, receiving stolen property, identity theft, forgery, access device fraud, all of several counts. I pled out to a total of 4 felonies and 9 misdorminors, burglary of the f1 level being the worst.
Chad: My original charges were Possession of Marijuana and Drug Paraphernalia. I plead guilty to possession of Drug Paraphernalia and convicted.
Dennis: Failure to appear in court, 2nd drunk driving charge, and failure to pay child support.

Read about sentencing in the Erie County Prison