Monday, December 1, 2008

My mind is running a mile a minute

I am come to a realization, the reason I don't blog is because when I have something to say my mind is racing so that by the time I sit down to type it all out I am exhausted. But I will try and catch you all up on the ongoing. I will work back.

Right now I am sitting in my bed after taking a 3-4 hour nap, why you may ask. I am not sick, not medically anyway. I am sick of my job. Not really my job, just my work environment. So let me tell you what happened TODAY! Okay first of all I was late for work but that really didn't matter. Why because the "judge" didn't take the bench until 9:30ish. Well first of all I get to court about 10 mins late (9:10) the other attorney I work with was getting on the elevator as I was getting off. He was like the judge isn't on the bench yet. So I go into court to see if there is anything I can do, there isn't. So I remember that I need to fill out my time sheet since I took a day off. I go to our office manager and start filling the paper work out, as I am doing it people are all running to the window to see this 18-wheeler that has partially flipped over, and is being held up by a tree branch. Now here comes my first aggravation. Well one of the cars that was in potential of being crushed was this girl who works in the Clerk of Court's office. I first aggravation is that she shouldn't be parked there in the first place and she doesn't get tickets when her meter runs out WHY because her dad is a police officer. Now I wouldn't dare park at one of these meters, even though I can dismiss my own tickets (not that I would). How does this girl have all these breaks to go pay the meter every 2 hours and has never gotten a ticket. That's just not right to me. I am sure you are thinking why do I care, I don't know. Part of the reason is that I don't really care for her and I think the other reason its so hypocritical. When enforce traffic violations and this girl is getting over because right in front of the court house. I second aggravation came when I got in court. We were going through the docket and I will admit I am probably one of the "harder" prosecutors, which is why most defense attorney's don't want to discuss cases with me. My position is let's try it, fuck all this talking and back and forth, lets just try the damn thing. Hell, I wasn't there, you weren't there we don't know what happened, so that's why the judge gets paid the big bucks let them figure it out. Well that never really works because you have so many attorney's that don't try cases. Why, because it doesn't make money. Then the public defenders I work with are just plum ridiculous. I have this older gentleman that is so damn annoying who wants to try everything, then the rest of the staff is trying to get out of there. So as for today I have several cases (okay I normally don't talk law but today I am). In my court we have 1 year to prosecute cases once we have "file a bill of information" and we have 2 years to institute prosecution (which means "file a bill of information"). Now when a bench warrant is issued (usually because they have failed to come to court) the time stops and we get a year from the day the bench warrant is recalled. The same happens when the defendant asks for a continuance. However, when the court continues a case or when the city continues a case time continues to run. So the first jackass of the day. The jackass has 3 files, a possession of marijuana, domestic abuse battery and a simple battery. The marijuana was from 01' and he had 3 bench warrants, the domestic abuse battery from 02' and he had had 2 bench warrants and the simple battery from 08' not bench warrants. So the defense attorney tells me that on the simple battery (which I have a victim present) and the marijuana he is going to ask for a continuance and as to domestic abuse battery it would be a city continuance because our victim isn't present. So I call the matter up say the city is asking for its second continuance in the domestic violence matter and the defense wants to continue (oh I forgot he had a traffic ticket as well) all of his other matters. So the ad hoc judge says city second continuance denied, I ask that the Court take into consideration that the defendant has had 3 bench warrants. He says that our request is denied and he will grant the defense continuances. I say judge if that is the courts rational that these bench warrants are in fact defense continuances and you are not granting our continuances we would ask that you apply the same rationale to the defense request, he has had 2 bench warrants in that matter and this would be in essence another continuance at there request and as to the other matter we have a witness present and the defendant has a history of not coming to Court we ask that that continuance be denied as well, the city is prepared for trial. Well needless to say the ole bitch ass public defender got mad (he had previously made the statement that he didn't have time for trial cause he had things to do). So he takes all the files (the public defender) and goes and talks with the defendant, I in the meantime try and get my officers and dope together. He comes back and I ask him what is his client going to do, he responds in a bitch ass voice "I know where to find you". Well the matters (possession of marijuana, cause I will have to dismiss the domestic abuse battery because the victim isn't present and the simple battery is being continued) are in a posture for trial. Now I have our investigator and my colleague trying to get the officer to court, he's a no show. Today is his off day and he is no where to be found, so I have to dismiss the case now.
Asshole #2- he decides to represent himself, he has two files of Domestic Abuse battery. 1 from 2006 and the other from 2008. Asshole #2 enters into an agreement with our office and pleads guilty to one and we dismiss the other. Well at some point after pleading guilty he decides this isn't what he wants to do and the judge appoints him an attorney and sets the matter for hearing to determine if the guilty plea should be withdrawn. So we get to court today,no motion has been filed and the asshole says that the reason he wants to withdraw is plea is because he didn't know what he was pleading guilty to (now I already told you he had 2 of the same charges), now just so you know Domestic Abuse Battery is a mandatory 10 days in jail. Now his PD is saying he wasn't properly Boykin (explained his rights) and that our office denied him his right to an attorney because now he says he told our office that he wanted an attorney. Now I explained the time limitations to you. The file that we actually plead to was from 06' which means we have until 08' to prosecute and the one that was dismissed was from 08' however I am not sure if we can prosecute that one as well. So the "judge" initially said he wasn't going to grant it, then he said he was going to pass it then he in the end granted it. Now I was pissed, for many reasons (1) this asshole knew what he was doing, he just didn't want to go to jail; (2) no motion has been filed; (3) we can't prosecute this case (one of them at least) because time has run. Now about the prescription of the case the judge goes on to say that there is no prescription issuers and then ask the PD is there a prescription matter and if there is you will waive it. i was furious. because one you can't make such a BOLD statement, you can't waive prescription that is malpractice at its best, and its just inflammatory. I left work after we finished.
Now I am sure you are say F22 you are taking this to personal and maybe I am. I have come to realized that I can't stand laziness, incompetence, lack of structure, and the list goes on. I took this job for trial experience I hardly get any the bitch ass PD I was telling you about has yet to try a case, the old cantankerous man is the only person that will try is his antagonist ass. I took this job to prosecute defendant accused of crimes not to push Popper, reward them for having multiple files by offer plea deals, beg police offers to come to court, and the list goes on. I need a work environment that is structure with consequences/repercussions, bosses/supervisor who support/mentor/evaluate your performance. I want to be surrounded by competent individuals that push me to be on top of my game. I mean right now I have no shame in coming to work late leaving early or whatever. I just hate all this damn loosey goosey shit. I am gonna end on this note.

1 comment:

Not so Anonymous said...

whew...I read that fast because I felt like my mind had to rush too...lol.

I completely understand what you're saying though, I appreciate structure as well. Keep praying chica.