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Pre-sentencing

Interview with Ian, Ron and Bodie

JM: Tell us about the pre-sentencing process:
Ian: I had some prior charges but it wasn't a huge criminal record and I had money to get a powerful lawyer. So it was just a matter of working through that whole process.
Ron: Every time I was arrested I ended up staying actually in the jail until I saw the judge. I was always not able to make bail. I was so willing to get to sentencing and get out (hopefully) I would not exercise my true rights.
Bodie: The presencting process is a packet of forms asking abt your situation at hand. Also abt your past do you have record if so what are the charges and when and what was the outcome. They want details of it all how do you feel abt what you did ? what was going on in yor life at that time? do you use drugs? if yes how often and why. They ask how you feel abt the crime and what you think going to happen and then what you think is a fair sentence. They ask you abt school how far you went . do you plan on doing more . They ask what your life was like as a kid have you ever did rehab or had things like that. They want to know why you choose to do what you did do you need help with a drug problem or abuse or whats your mental status. They ask if you could go back and change things what would you do different or would you. They tell you that you have more time to fill this out then you do. if you are already in custody they bring to you when they get it which can be a few days before you are evalutated. If you are out you need do set up time with place that asking for this report and follow there instructions you can usually have a family member or yourself call the LDA office the day before court and get a recoomentdation that they have suggested when you are sentenced. This is not your sentence just a suggestion they have made and inform your judge and parties involved

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Ian: I was originaly arested for distribution of oxcy. A case was built against me and there was an informant and they set me up. There was a guy I knew and he kept calling me up. And I finally told this guy in front of a cop who was there and I said "Maybe I can do sell you something." And they charged me with that. And a few days later the undercover cop came around again posing as user and asked me how to cut up the oxycontin. I told him and that was all they needed to put out a warrant. A couple of days later I got arrested.
Ron: the police arrested me by coming to my house and questioning me about what I had done. I have also been arrested in a car at ballgames ect.
Bodie: I was arrested on others charges in a different county. I had a warrant so when I was released from the other county the transfered me to weber county. When being released or transfered for any reason they will do a national warrant check if you have outstanding warrants they will inform that place that they have you and they have so many days to get you. I was transfered due to warrant and just went through booking process not any crime questions cuz i was coming from another jail

JM: What was court like? Please give as many details as you recall.
Ian: I knew what was going down so I kind of was just waiting to see what would happen. Never a good time in there.
Ron: Court while I was in jail for the most part was done via "video court" were they take you in front of a camera and screen where you can see the judge and vis versa. There would be multiple people from multiple parts of the jail. So we would first go and round everyone up. No talking in the hallways and forced against the right side of the hallways with our hands behind our backs. We then when we finally got to the holding area we waited in line sometimes being able to hear others charges and watch them being humiliated.
Bodie: If you are already in custody this going to be a very long day for you. There are two times they do court morning and afternoon. You have to be ready to go when they call you if you are female you can't have certain things with you sometimes hair ties aren't allowed just your inmate attire no undershirts or extra socks on nothing on you. you get called dwn to a small holding sections to be out in shackels and make sure they got everyone who is schedule for the day . They start this 40-60 mins before you need to be there . They put shakels in you and put you in vans and drive you to court. you go in through basement then put into a holding cell to wait to talk to attorney.This can take forever. Then you will have a LDA (attorney) speak with you abt your case then you go back into the holding cell and wait for court to start. When everyone gets done with speaking to attorney they then take you up to court on an elavator you have to face the opposite direction while you are on the elavator. Then you are placed in another really small holding cell till its your turn in court you are not allowed to talk or look at people in the audience even family members you must look forward at the judge as you stand next to LDA if you look else where or try to speak then they will send you down to the first set of holding cells and decide at the end of court if the judge will see you. If not you get to wait a week or two before trying again. The first hearing is where you are told this is what you are accused of you can waive your rights to a trail hearing ,or request it to go to trial. If you request it that means you are going to fight it and prove that you didn't do what you are accused of. if you waive your rights thats saying I am going to plea guilty or no contest. No Contest is I am not admitting it either way and that max. sentence can be carried out. Then they will set up another court date and give you are presentnce report to see if you need a program if this is a repeat offender or first time offender. They tell you to fill out the paper work make sure its all filled out and wait til your next court date. Once you talk to Ap&p Agent if you are a felon they will go over the packet with you and then make there recomendation. Once you get to the sentencing date you have usually done 2-3months jail time already always ask for credit for time served otherwise all the time you just did is dead time and no credit. You will have a chance to speak to the judge and say what it is you think needs to be said. If you are not sure what to do ask you attorney. Now if the times that I have dealt with Weber County and attorneys they are not to friendly they always want you to take the deal you were offered . depending your history and charges they usually will offer you some kind of deal and reduce or drop a charge or two . They attorney will tell you to take it and thats its a great deal. If you have doubts tell them you want a continance till you know for sure thats what you want. I learned the hard way that I should of asked more questions and Paid dearly for it. You dnt always get the same attorney when you go to court each time. Unless you have hired your own. This can be frustrating cuz they dnt know all the details to case and or dnt fight or do what you were told was going thappen if thats the case ask for a continace till you or someone on the outside can reach the attorney that talk to you first. If your family memebers or friends can help by getting any info the judge may need then I would make sure you have them do so even if the courts are getting it always cover your own behind. Courts are always busy and have case loads that are over booked . They also deal with Federal and state prison Inmates as well so they try to move fast as they can in and out. Just be patient explain to your support on the outs why you can't talk to them or wave . You will get in trouble and they wiil boot you off the court schedule that day. After your all done you go back dwnstairs load back up in the van and head back. you will be searched in and given a sack meal depending if you missed lunch or dinner.

JM: What were your original charges? What did you end up being convicted of?
Ian: Two 1st degree felonies distribution of controlled substance. They were dropped to 3 possesion charges.
Ron: Possesion and paraphanilia of marajuana. The same
Bodie: I had a f3 felony third degree which max sentence of 5 yrs at the prison. It was for forgery and a theft my deception. They dropped the recieveing stole property and theft by deception and I got f3. As well as probation violations later on the same charge.

Read about sentencing in the Weber County Jail