JM: Tell us about the pre-sentencing process: Cesar: Well honestly I not sure what part of the process
they called pre-sentencing. But I arrested and
jailed for two days released on OR and met with
Public Defender at the time of my second court
appearance. There and then we struck a deal. Tom: THE PRE SENTENCING PROCESS WAS VERY PROFESSIONAL,
AS I HAD SEVERAL ATTORNEYS THAT WERE PRESENT. Bruce: pre-sentencing there is not much to say about. i
was there for several months waiting to go to
trial, then a few days before my trial date my
public defender visited me with a plea offer which
i accepted so when my trial date came i didn't
have a trial it was to sign the papers of the plea
agreement so my sentencing was already determined Jon: I was taken to my First Appearance where I found
out that I was being charged with a crime I did
not commit. After I had got my charges I met on
multiple occasions with my public defender who
refused to let me have any copies of my police
report and tried to have me plea out to a bargain
that was in the interest of the prosecutor and
made me plea to a group of crimes I did not
commit. In the end I was given a strike and made
to plea for a charge that was a lot more serious
then what I had actually committed.
JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested. Cesar: No. I was homeless at the time. Tom: AT THE TIME OF MY ARREST I WAS HOMELESS IN SPOKANE
HAVING COME UP FROM SEATTLE, SO MY HOME AT THAT
POINT WOULD HAVE BEEN OUR CLUB. WHERE I FIRST
STARTED TO ATTEND MEETINGS, AFTER REALIZING THAT I
HAD AND AM NOW RECOVERING A SERIES COCAINE
PROBLEM, SO OUR CLUB WAS WHERE I FIRST STARTED THE
PROGRAM. Bruce: i was in a older toyota pick-up out side of town
and a state cop ended up behind me and pulled me
over because my left rear tire looked like it could
be a little low. after running my name he found
that i had a warrant for missing my last court date Jon: I was arrested in a neighborhood on 29th street
behind the Numerica in the wooded area. I had left
Hastings and was proceeded to be followed by store
employees since I did not stop when the door
beeped as I exited. I crossed the street as soon
as I was out of the store and then noticed the 2
employees following me, 1 grabbed me and tried to
pull me back to the store so I fled away again but
was contiued to be followed by the store, after I
had ran and realized that I was not going to be
able to get away I sat down and two officers
showed up and forcefully shoved me into the car
even though I was showing no resistance.
JM: What was court like? Please give as many details as you recall. Cesar: Very brief. I made two court appearances. First
charge was read and I was OR'd. I was given a
second date and there I met with the attorney and
struck a deal. Tom: MY COURT APPEARANCE A LITTLE NERVE RACKING BUT
OTHER THAN THAT, IT WENT ALRIGHT, WHAT I DID NOT
REALIZE AT THE TIME IS THAT THEY ALL THOUGHT THEY
WERE IN A MOVIE, I MYSELF DID NOT THINK THAT. Bruce: court as usual was a joke,there is too many cases
for the few overworked public defenders. so first
appearance only takes a few minutes, once you do
finally get before the judge who is on t.v. and
its mostly the judge and the prosecutor discussing
whether you should be O.R.ed or what your bail
will be, arraignment is quick too, again, once you
get in front of the judge who's on t.v. again.
they read the charges and ask if you plead guilty
or not guilty, which is foolish because they wont
let you plead guilty, then you're given your next
court date they call the omnibus hearing,all that
is is you go before the judge and he asks your
lawyer if you are ready for trial and then gives
you a trial readiness date and a trial date
usually about a week apart.trial readiness you
appear and the judge asks if you are going to move
forward to trial,if yes then he gives you another
trial date 30 or so days from then, if you make a
plea deal with the prosecutor you then show up at
your trial date to sign papers and stand before
the judge and he asks if you understand the plea
agreement and that even though you have made or
been offered a certain deal that he does not have
to go by it and by entering a guilty plea he can
give you the max fine and jail time associated
with the charges Jon: Court was a waste of a large amount of money and
time. I was not given a fair trial since I was not
allowed to take my case to the box since my Public
Defender told me it was impossible to win my case.
I was not allowed to prepare my own defense and
was never shown the police reports or what
evidence the prosecuting attorneys got to see.
JM: What were your original charges? What did you end up being convicted of? Bruce: my original charges were; attempting to elude, 1st
degree possession of stolen property,giving false
information to a police officer. i was convicted of
bail jumping Jon: My original charges were Theft 1, Robbery 1 and 1st
Degree Trafficking Stolen Property. I was advised to
plea out by taking Robbery 2 charge which I found
out was a strike and makes me into a violent
criminal and I also plead to theft 2.