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Friday, June 10, 2005

P.D.ing again

My associate, whom I think I shall refer to for no particular reason as Gandalf, is off on vacation and I got to handle his PD calender for a day last week and for today. Last week, one of the guys who came for a DUI sentencing, appeared drunk -- some paperwork wasn't in so the sentencing was continued. Another genius was in custody and was complaining to me about a case in another county where was supposed to have had a trial on the day before -- Gee, maybe he should talk to his PD in that county about it!!.
A good part of today's calendar was probation violations. On the last of these, when the judge asked how we would proceed, I said, as I had on all of the others, that the defendant would deny the allegations. The judge responded, "What a surprise." He is a jovial judge but it made me wonder if I was missing something in the procedure. I did speak with the judge afterward and he said he was just having fun, everyone denies the allegations at the PV arraignment.
I struck out on all three Motions for Bond reduction --at one point the judge said to the defendant, "Do I have stupid written on my forehead? This is third time you've been here for a probation violation and now you're charged with two new criminal offenses. No, I'm not going to lower the bond, it is reasonable as set, motion denied."
But I did dig out a couple that looked like sure jail and got probation or probation reinstated. The presentence investigations recommended jail time, of course the prosecutor recommended jail time, and the probation officer recommended jail time. No doubt the judge was swayed by my eloquent argument and ... I was going to paste in a sound file of my argument here (actually a clip of Elmer Fudd) but I can't seem to make it work. I'll try it another time.

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