Kept Some People Out Of Jail

I learn at the expense of the accused.

I lived in NYC on 9/11. On that day, everything collapsed. The way I looked at the world collapsed. The way I looked at the world came back eventually, but it was a little different. This job is doing the same thing. Industrial and post-industrial democracy, us, the US, the West, democracy, all that shit, fuck it. What a fraud. What a total fucking fraud. This mentality of consumption, individualism, capitalism, whatever you want to call it, is sick and literally destroying the planet. I see people who have been dehumanized since the day they were born. Some day, some way, it will all be gone. I just hope I live to see it so I can die a happy man.

I kept some people out of jail yesterday. I don't know how. These were cases that I picked up from the guy before me. They were finished, except for sentencing. Each person had been through an interview with a probation officer. The end result is your life according to the probation officer. So far, I do not like probation officers. They are akin to having an inattentive babysitter who started smoking at the age of 13 and fucks her boyfriend on your couch while your parents are gone. Your life is reduced to three, four, maybe five pages, your record, no matter how long or how short, and then a recommendation, which is almost always incarceration. Frequently, and not surprisingly, there is a story of abuse and neglect, of violence in the home, shootings, alcoholism, unemployment, death, sickness and sometimes none of that. If I can latch on to something, I might be able to keep you from getting locked up because of the shitty work that the guy before me did. He should be locked up.

We're talking misdemeanor offenses here. Nothing violent. Theft, drugs, that sort of thing. The kind of stuff people have to do to survive. Not always, but certainly frequently. One more time in jail. Maybe this time this "piece of shit" or this "asshole" or this "douchebag" will get a fucking clue and come out of jail with the realization that you can't just steal stuff. Those are the words of one of the Assistant District Attorneys (ADA) that I have to work with. They don't fucking care. They don't go to the jail. You're arrested, charged, convicted, and sent to jail. Fuck you.

I work with three ADAs. One is brand new and having a very difficult time. Can't imagine I was any different. That said, this person is definitely having a more difficult time than me. He went back on a deal. Whatever, shit happens. But, like many ADAs, he is a straight up bully. Without the law, he would be nothing. All bark, no bite. Very little substance, if any. Admits he doesn't want to do any work and just wants to close cases. Forgets files, sometimes up to 25% of the docket. The people I represent are shit, assholes, devices used to clean various body cavities. Hmmm, I'm not a psych major, but I think I see a diagnosis on the horizon. And oh yeah, "My family was poor and I never stole so why should these people?" I'll just remind you that I live in a "city" with an official poverty level of 30%.

One of the other ADAs is very pleasant. We have a very cordial relationship. We move cases and arrive at what I think are appropriate conclusions. We only have court once a month, so there is actually time to do the following: (1) call the defendant and have a conversation, (2) call the ADA and talk about the case, (3) file the appropriate motion, and, last but not least, (4) go to court and resolve the case (eventually). Sounds kind of stupid, but this sort of orderly progression of a case is extremely rare. The norm is chaos. The most serious cases are DWIs with some assaults here and there, lots of family disputes that, unfortunately, end up in court, and violations of probation. Every once in awhile we get some asshole who was fishing without a license. This ADA never makes derogatory comments about anyone. I respect you and hope that we continue to work together in this manner.

You've heard of Driving While Black. How about Working On Your Car While Black? What's next, Fishing While Black? Saw that too. I was talking to some of the guys in jail and asked them what was going on with the sweeps. One said if you walk crooked you get locked up.

Oh yeah, according to one ADA I admitted on the record that I committed malpractice. No shit? The judge said, "Wow, talk about falling on your sword!" I told the truth. If the truth is malpractice, fine. I have over 300 cases. Some dude was in for 18 days on 2 violations. Two other people were possibly involved in this oversight. Whatever, it was ultimately my fault. I apologized to the guy. Not surprisingly, he didn't really care. He was out and going home with a violation. When he appeared at the bench, I said, "Your honor, due to mistakes that I made, Mr. Jones spent 18 days in custody on these charges." I didn't mention anyone else because that would have been a punk move. My entire practice is malpractice as far as I'm concerned.