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Pre-sentencing

Interview with Jenna, Cris, Bonnie, Ashley, Aaron, Walter, Shawn, Mimi, Saul, Heather, Ricky, Sterling, Doug and George

JM: Tell us about the pre-sentencing process:
Jenna: This is usually short you go into the courtroom and wait until you are called in front of the judge. You are usually read your rights as far as an attorney and your right to appeal any decision. Your lawyer will typically tell you to plead not guilty, to give them time to look over your case and talk to the prosecutor. If you are in jail you return and wait for hours to be released, if not your given a court date to return.
Cris: none
Bonnie: Long waits, very unprofessional officers and officials, unhelpful, disrespectful, unwillingness to listen or answer any questions.
Ashley: Straight forward . I pled guilty
Aaron: It took quite a while to actually get to court at all. Most of the time you are completely in the dark about what's happening with your case especially if you don't have anyone on the outside consulting your lawyor. Not to mention attempting to reach your public defender. Forget bout it.
Walter: I had an outstanding warrant from lower Kittitas county and was caught speeding. The officer ran my record and found the bench warrant and served it on the spot. I had my vehicle impounded and spent the night in King County Jail in downtown Seattle. I bailed out the next morning.
Shawn: I seem to remember talking to a attorney or some other type of court appointed attorney and telling them that someone came up to me and asked where they could get some drugs and I told them across the street and then I was arrested for I believe that they call it directing traffic.
Mimi: The pre-sentencing took forever. They kept "continuing" the case to I had to go to court around 5 times before the actual sentencing. The judge reads all the police reports, checks to see if you have any prior convictions and asks you if you want to make a statement, which I did.
Saul: Pre sentencing lasted about 6 months. Since I was new to this I didn't really understand what was going on to me even though it was explained several times. Once the lawyer and prosecutor worked out the plea agreement I changed my plea to guilty and was immediately taken into custody where I remained for about two weeks before I was called up my my sentencing hearing.
Heather: The pre-sentence process took forever. I was assigned one public defender who did absoloutely nothing for me for two months and then later on was assigned another one who worked hard for me. Alot of effort was put in by the prosecutor in obtaining evidence against me and despite having no prior convictions on my records i was denied C Cap and held in jail with a high bail of 20,000.
Ricky: Very drawn out over 10 months while waiting to confirm victim status (vehicular assault possible upgrade to vehicular homicide)and determine final charges. Plea deal was not reached so sentencing was completely left up to Judge Catherine Shaffer. She pronounced an exceptional sentence later found by the Washington State Supreme Court to be an illegal sentence.
Sterling: I was never actually sentenced until the end. First I was arrested for spanking my son and spent a day and a half in jail with a stipulated agreement to not use corporal punishment. This is when the system started to fail and why Im doing this interview. My gf and the kid's mom was mad about something else. She called the police because I wouldn't not talk to her while she was yelling.
Doug: My pre- sentencing process was quick. After my arraignment i did not show back to court. So i had a warrent. When i did get picked up i sat in seattle jail for a month cause there was problems with my lawyer. But my pre trial i pled guilty. Then i got released.
George: I was taken to jail, fingerprinted and searched. My personal items were taken from me, and i was given jail clothes. I was asked questions and seen by a nurse for a health screening. I was placed in 24 hour confinement, before being moved to general population, as most inmates are.

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Jenna: No. I was picked up for missing my court date (not purposely), the two officers were unusually nice though.
Cris: no
Bonnie: No
Ashley: no
Aaron: yes. I was sitting at home with my mother when two detectives trespassed onto the slip I waas living on and knocked on the door around1am. My mother answered tired and confused and as they introduced themselves my mother asked them for a moment to turn a light on and get somewhat approriate and the officers just walked into the house without a warrent or permission. They then handcuffed me in front of my mother and took me away. They are incredibly unpproffessional and disgusting when they have it out for you. I dealt with this grudge they had. Against me for a few years and it cost my family tremendoussly. They could never imagine being in the same situation as they put you in. The power they boast in front of you is not right. Protect and serve not harass and arrest.
Walter: I was driving down Lake City Way in Lake City, which is NE Seattle area. I was speeding in my truck, and got pulled over. The officer ran my record and came back with a bench warrant. I was served the warrant and taken into custody. My truck was impounded.
Shawn: As I just said in the last question I told someone to check across the street to find drugs and then the police on bikes came up and grabbed me and told me I was under arrest. I did not have any drugs on me and I was taken to jail
Mimi: No. I was arrested for DUI. I was leaving the bar one night and there was a cop parked across the street, which I of course, didn't see. They saw me leaving the bar and pulled me over immediately. They gave me a breathalyzer and told me that I was over the legal limit of .08 and arrested me.
Saul: My first contact with the police was a phone interview by a detective. Following that I learned from my lawyer that a warrant had been issued and a date set for arraignment. I was advised to lay low until the arraignment. Unfortunately the police decided to come to my place of work and arrest me.
Heather: I was arrested because I was at a friends house when i ran into this guy there who i decided was up to no good and so after obtaining his lap top and drugs i proceeded to tell him to empty out his pockets and once I had what i wanted i left. well he then called the cops and said i jumped him in the parking lot and so i was arrested down the street at a house i was known to stay at and booked under the charge of robbery 2.
Ricky: I was arrested at the scene of accident. Ran up on sidewalk and struck family while intoxicated. Blood draw was taken at the scene and I was arrested under suspicion of vehicular assault DUI prong. I do not even remember leaving the house and barely remember any of the processing downtown. I was then transported to RJC.
Sterling: My son had a small welt on his leg. It was about as big as a thickness of a paper clip. The officer onsight said it wasnt enough but his boss radioed in that they should take me. A month later I accidentally pushed my son off an ottoman. His mom threatened to call the police and I got mad. I didnt want to go to jail over an accident and I didnt want her to threaten me like that. In my anger I pushed a chair across the room and slammed a freezer door. I also snatched her phone. I left and was stopped at the bank with my kids. I was arrested for double assault and interfering with a 911 call.
Doug: I was never arrested for the charge just when i did not show back up to court. Then i got a fta warrant then i got arrested on that.I was never caught on the act of committing the crime. Some people wrote statements on me and told them what i did and they sent me a court date in the mail.
George: I was crossing the street and was arrested because i was J-walking. I knews that i had a warrant, but chose to not be responsible and take care of it. I now have no warrants and have turned my life around. the only proble that i have is that i have a record, and that is is hard to get a job.

JM: What was court like? Please give as many details as you recall.
Jenna: It was a bit intimidating, municipal court is different than the regular court. The good thing is that just about everyone in there had the same charge as I did, so I wasn't so embarrassed. There are a mess of different lawyers in the courtroom, you wait for the bailiff to call your name to check on the list that you are there. Then you wait for your lawyer to appear and pull you in the hallway to tell you what the prosecutor is offering. This is the point when you should tell your lawyer everything you do and do not want mentioned. Personal things, kids, work, anything that will draw some sympathy from the judge, it works (sometimes). When your in front of the judge the Lawyer will do most of the talking, the judge will ask you questions directly. Try to be as honest as you need to be to walk out of there, and always interrupt your lawyer if he/she is misrepresenting you.
Cris: not one
Bonnie: Charges were unsurprisingly dropped, no court appearance neccessary.
Ashley: Busy, fast, lots of 'legal' talk between judge/attorneys. You have very little time 'on' as you, but much time to watch/hear other cases.
Aaron: Court was very stressfull of course, but honestly when your rotting in jail you'd rather be anywhere but back in the cell bllock sitting on your hands and going stir crazy. It atleast was a chance to move and hopefully. Be. That much closer to freedom. You can't imagine anything better than freedom at that point.
Walter: I went to court a few weeks later to get the warrant removed and continue my case. They gave me the 1 day time served later when they sentenced me to 30 days in Kittitas county jail in Ellensburg. The court process felt very drawn out and took many trips across state to finally resolve the case.
Shawn: It was very crowded and I talked to a attorney right before the arrainment started and then I think I talked to a attorney once again before the trial. I got sentenced to 1 year in the County jail and ended up doing the year in the County Jail in Seattle
Mimi: Court was crazy and time consuming. There are so many other people who are there for their own problems so it takes few hours every time you go. There were a lot of drug users there, dirty stinky and intimidating all mixed in with everyone. It doesn't feel like a safe place.
Saul: Frankly I don't know why I was present at court hearings. Neither the judge nor the prosecutor really addressed my directly. My lawyer answered all questions. I felt like I was non existent at the hearing, not that I wanted to be heard. I just wanted to get it over with.
Heather: Court was ridiculous. You would be brought down hours before you actually had court and you are made to wait in this disgusting little room where it is so packed most of the time that you have to sit on the floor and if during this time you miss lunch then thats just too bad you better hope there is a sack lunch waiting for you when you get back. You are treated like you are just a piece of crap and not given nearly as much respect as those out of custody fighting their case.
Ricky: Arraignment, plea hearings, bail hearings were all covered by the media even though not much to see. Sentencing was extremely emotional for both the family and myself. Victims, family, and friends from both sides were all given the opportunity to speak. Media coverage was extensive which required protective custody periodically during my incarceration.
Sterling: Its horrible because you never get to tell them what really happened. You have a public defender that seems to know that you are about to get railroaded. Nobody stopped and thought hey if he didnt push his son on purpose didnt he have a right to be mad at such a threat living in his own home. I'm not saying I wasnt part of the problem Im saying the ottoman was a foot and half above the ground and it rocked. I tried to scoot him back because he was in my ear begging for something while I was on the phone. I didnt even know he fell off. Minutes later his mom is yelling at me calling me a child abuser and I knew it was just a vent or to get under my skin. All the public defender did was ask for lower bail saying that I was in for the lowest form of assault.
Doug: Court sucked. When I was in jail my public defender went on vacation and was supposed to hand my case off to another public defender but didnt so I sat in jail for a month until they realized that I was in there and needed to go to court. When I went to court the people who owned the bank card was there and they were trying to accuse me of breaking into there house.
George: I was taken from the general holding area and escorted by one guard. the guards usually wait to transfer 10 inmates at a time, due to that being the limit that one guard can move at a time. I saw the judge, and the public defender pressured me to take the deal that the judge offered.

JM: What were your original charges? What did you end up being convicted of?
Ashley: DUI and DUI- same
Aaron: Delivery of a Narcotic. Intimidating a witness originally. I plead guilty to the delivery and tampering with a witness.
Walter: I had been charged with possession of marijauna and possession of paraphernalia. I was convicted of those charges and served about 30 days across all jails.
Shawn: I think it was Sale of Cocaine and I can't remember what the final charge ended up being
Mimi: The original charges were DUI and that is what I ended up getting charged with.
Saul: 2 counts of Child Rape in the first degree
Heather: Robbery 2. I ended up pleading down to theft 2.
Ricky: Original charges were 3 counts vehicular assault DUI prong.
Sterling: The dropped the 911, they dropped the assault on my son and I stayed in jail wanting to contest the assault on my gf. I stayed in for 40 days. I took a plea because my defender told me that when I grabbed her phone I said I grabbed her neck on the jail phone. The reality is I was accused of chocking her by a cop and I told my girlfriend that I didnt choke her and that I just put my hand on her neck. When I snatched her phone she reached for my face and I out my hand up to defend. My hand touched her neck.It was 100% defensive and I remember it well but I know how it sounded so I took an assault 4 plea. I didnt find out that I would get another assault charge for violating the stipulated agreement until later so I still received two assault 4s.
Doug: My original charges and the charges that I was convicted of were the same, Poss. of stolen property 2nd degree.
George: My original charge was assault 4, and i was convicted of assault 4.

Read about sentencing in the King County Jail