Arrested! Getting Started in the System

Getting Started in the System

A fundamental guide to the basics of the legal system

Let’s start with getting arrested. {Today you have had a physical altercation which resulted in you breaking someone's nose.} Everything you say, can and will be used against you. The police mean it when they say those words. The police will also tell you that it’s best to confess to everything because prosecutors and judges like that kind of thing. It’s true, prosecutors LOVE that kind of thing. It makes their job significantly easier. However, your lawyer would much prefer you not say anything. You have the right to remain silent. This is something you should take seriously. The police make this as difficult as possible. They want you to say as much as possible (unless you’re drunk, then they want you to shut the hell up.) ------ The police have a duty to investigate criminal activity and part of that investigation includes asking you questions. They’re goal is to discover what happen. They want to find a culprit. Part of the problem is they go into every situation with their prejudices, preconceived ideas, and training that tell them everyone is a threat to their life.They take an oath to protect and defend the Constitution of the United States of America. Ironically, they do everything they can to subvert that same Constitution. They also have this idea that if they arrest everybody the court can sort them out. This a major reason for the overcrowding in the jails. The prosecutor is put in charge of taking criminals off the street. They begin every case with the belief that every person is guilty and their job is to prove it. Did you know, that once you’ve been arrested you are consider guilty by everyone that is part of the system (except for a few truly impartial judges) and from that moment on you will begin to fight for your life. The idea that you’re innocent until proven guilty is dead.

Moving on, after you’re arrested a few different things are going to happen. You are going to be taken to the jail and booked in. This is where they take your fingerprints, retinal scan, ask you for as much identifying information as they can, including but not limited to, name, age, race, religion, tattoos, piercings, gang affiliation, etc. etc. They gather this information for their database and will follow you everywhere you go for the rest of your life, even if the charges that are brought against you are dismissed or you’re found not guilty. The booking process itself doesn’t really take that long and there’s really no way around it. (NOTE: Not answering the questions the jailers ask will only cause you to be held longer and piss the jailers off. It’s best to just go through the process and get out or get to whatever cell they are going to put you in.)

Whether you’re released or taken into the jail, the State is going to begin their case. The police officers are going to write and file their report with the prosecutor’s office, this is called “filing” charges. The prosecutor will decide what charges to press, which is referred to as “pressing” charges. The prosecutor will always go for the highest level of charge possible. The reason for this is to have leverage when in negotiations for a plea bargain.

In our example of your altercation and subsequent breaking of the other guys nose, it’s obvious that it was just a fight but the prosecutor has a range of statutes to choose from to press against you which have a different range of punishment. There is a good chance that he will charge you with 2nd Degree Assault, in Missouri this is a Class C Felony, which carries 1 – 7 years in prison.

After some time goes by, be it in jail or on the streets, the time will come where the prosecutor will offer to drop the charge to a Misdemeanor 3rd Degree Assault, which only carries up to 6 Months in the county jail. Most people will snatch that offer, especially if they’ve been sitting in jail for the last 9 months waiting on court date after court date. Most people just want to be done with everything as soon as possible so they can put it behind them. Whether they are guilty or not isn’t relevant anymore. This is how the justice system works. 97% of federal convictions and 94% of state convictions are the results of guilty pleas.

Arraignment - Your next interaction with the legal system will be an Arraignment. This is a formal reading of the charge by the judge. This will be the first time you set foot in the courtroom. You probably don’t have a lawyer. This is where the judge will set bail or Release you on your Own Recognizances (ROR), read to you your charges, ask how you plea, and authorize the use of public defender (maybe).

Preliminary – The next time you step inside of the courtroom will be for a preliminary hearing. Often this is waived. This should rarely ever be waived. Your lawyer will meet with you before the hearing to entice you to waive the preliminary. He or she will come with an offer from the prosecutor that will usually include reduced charges and a maximum sentence offer. __________________________________________________________________________________

         How it goes - In your fight from earlier where you were charged with 2nd Degree Assault, your lawyer will come and tell you what the prosecutor is offering you which will be something along the lines of dropping the charge from a felony to a misdemeanor, if you waive the preliminary. Which makes your possible outcome go from a minimum of 1.-7 years in prison to a maximum of 1 year in county jail.

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        Here’s the issue – The preliminary is a right a designed to show the court that there is truly a case worth prosecuting. The prosecutor must show evidence that the felony being charged has some merit and you’re the one that committed the felony. The threshold is ridiculously low but this is also the first chance you have of having your case thrown out. If the alleged victim doesn’t show up the case is almost guaranteed to be thrown out. There are a few exceptions. An assault case isn’t one of them. If the victim doesn’t show, they will either dismiss the case or the prosecution will ask for a continuance for a chance to locate the victim. The motion will be granted and another court date will be set for the same thing. They can ask for a continuance up to three times before the court is obliged to throw the case out. This is only possible if you don’t waive your preliminary. However, if the victim does show up they will likely be asked to testify against you in open court. Constitution grants you the right to face your accuser. If your accuser appears in court you will be “bound over”. This simply means you will move up the judicial ladder and the case moves forward. Another arraignment will be set in a higher court and you will get a new judge.

Arraignment – This is your second arraignment and once again you will be read your charges formally in open court and meet your new judge. This is the judge you will have throughout the rest of the case. Again, you will be asked how you plead, it will be noted and documented by the court. Another court date will be set.

Some options – Most people are unaware they have options about this time. There are motions you can file to speed up the amount of time in between court dates. When sitting in jail, a motion for a fast and speedy trial, is often overlooked. A simple case like this is a good one to file such a motion. This is something you can ask your lawyer to file or file yourself. This motion is designed to get you to your trial date within six to nine months. I personally know individuals who have sat in the county jail fighting similar cases for over a year only to have the case dismissed. A motion for a fast and speedy trial could have saved them time and the tax payers money. Although, the downside is you could piss the prosecutor off because it puts them under the gun and gives them a deadline.

Your lawyer should already have whatever evidence is going to be presented. You should make sure you have a copy as well. This is called your “discovery”. You have a right to it. You can help your lawyer once you have a copy of your discovery by combing through it and finding discrepancies in the witness statements, victim statements, officer reports, all the evidence. The prosecution is going to weave together a story using the evidence they have available that concludes with you being the type of person who would and did violate a specific statute of the law.

Good Idea -----> Keep record of all communication between you and your lawyer. Document everything. When they come visit you write down what you discuss. Have ready your questions, concerns, and whatever you want to talk about or need them to do for you.

Pretrial Conference – There are practically an unlimited amount of possible Pretrial Conferences (PTC). These are held at regular intervals for various reasons such as motions to be heard and attempts to get you to plea bargain and be done with the case. If you or your lawyer filed the motion for a fast and speedy trial you will probably have three PTC to discuss the details of our case. These are also opportunities for you, if you’re in jail to ask for bond reduction, ROR, specific evidence that may not be included in your initial discovery, provide counter plea bargain offers. Pay attention to what is going on and document as much as you can. If there is something that is being said that you don’t understand, make your lawyer explain it to you, especially before you sign or agree to anything. This is your life, and your record that will follow you the rest of your life.

Trial – TBD

Now that you have made it this far into the legal system and have read this post, you know more than 75% of the people I have encountered in the county jail. Believe it or not just this little bit of information could have and has changed the lives of many people. Knowing what you're dealing with can only help you. Knowledge truly is power. If more people understood the judicial system that rules every single person's life in one way or another we wouldn't have the over crowding issues in the jail and prosecutors would be more reluctant to press every charge placed on their desk. We the people have the power to change the system by educating ourselves. This is to keep the scales of justice in balance. When knowledge meets ignorance, knowledge will win. When knowledge meets knowledge a balance is created that a civil society must have to remain civil, otherwise tyranny and oppression shall rue the day.