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Pre-sentencing

Interview with Marco, Juan and Emilio

JM: Tell us about the pre-sentencing process:
Marco: I got caught shoplifting.
Juan: I was arrested on November 18th, 1994 after a four hour interrogation. I was remanded to the Fairfax County Adult Detention Center. My trial took place in March 1995. After a week long trial, I as found guilty of Second degree homicide. A month or two later, I was interviewed for a pre-sentence report, which was provided to my trial judge. He disregarded the recommendation for a 15 year sentence, and upheld the trial jury's recommendation of 30 years. I was sentenced in June 1995 and sent to the state DOC in July.
Emilio: After initial arrest you are booked and visit the magistrate, you are offered either a bond or remanded. If offered a bond or recog release they will often put you on pretrial supervision with a probation officer. You will be expected to meet with them immediately after you are released to discuss the requirements for you to stay out of jail pending trial. If they wish to remand you then you need to get your attorney to file a bond motion so that you can see a judge and he may offer you a bond.

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Marco: No, I was taken to jail from court.
Juan: I turned myself in shortly after the shooting (the night of Nov. 17, 1994) and was taken in for questioning. As I said, the interrogation lasted four hours. I was then taken to the Fairfax Adult Detention Center for booking and processing. My bail was too high, so I was never released before my trial and sentencing.
Emilio: Fairfax County detectives will frequently visit your house to conduct an interview if you are a suspect. In my experiences the arrests all came as results of traffic stops once as a warrant attached to my license plate and twice for traffic incidents. Fairfax County is well known for going to great lengths to serve warrants even on petty crimes or misdemeanors.

JM: What was court like? Please give as many details as you recall.
Marco: I just went to court after I was arrested. I had an attorney. I could have gotten off with probation. Instead, I agreed to 4 months jail time and 6 months probation to have it taken off my record.
Juan: Exhausting. I was take from my cell block shortly after breakfast every morning (between 6 and 7 AM). Brought to Property so I could put on my trial clothes. Brought to a holding cell next to the courtroom and waited for trial to start at 9AM. During every recess, I was placed back in the holding cell. After 5PM, when the court was adjourned for the day, I waited to go back to my cell block, sometimes missing a dinner meal as a result.
Emilio: The court house is brand new/remodled. It is very large and intended to project the power and prestige of the county. The line to get into the courthouse is always massive so be sure to get there early or else you run a risk of missing your court date. If you miss your court date you will have a bench warrant issued for you in most instances and it may carry a new criminal offense if they determine you are a "Fugitive from justice."

JM: What were your original charges? What did you end up being convicted of?
Marco: Charged with 2 counts of petty larceny. Convicted of felony larceny but the charges were dismissed after I successfully completed my sentence. The charges were dropped like it never happened.
Juan: I was charged with First degree murder and Use of a Firearm in the commission of a felony. I was convicted of Second degree murder/homicide and use of a firearm etc...
Emilio: Fairfax County and Virginia in general has a long history of "upcharging" and pleading out to what you should have been charged with in the first place to avoid trials by intimidating you with possible long jail sentences should you go to trial and lose. I was charged with Robbery once and plead down to accesory after the fact to a felony which is a class 1 misdemeanor. Also was charged with a DUI and convicted as well as a 2nd DUI reduced to a first DUI.

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