Without an Attorney, Boy Falters Before Judge

St. Petersburg Times ^ | 5/28/02 | Kathryn Wexler

[mdittmar]

She figured her son would be assigned to a public defender for the restitution hearing.

Baloney,she thought if they showed up without a lawyer the Judge would postpone or go easy.

They were told to get a lawyer and they didn't.

Tough.

[Risky Schemer]

Absolutely. I mean, who goes to jail without packing at least one Armani suit? And don't give me that "that t-shirt is all he owned" excuse -- poverty is no excuse for dressing poorly!

You can't dress trashy and expect due process and Constitutional rights. Constitutional rights come with good grooming and fine clothing!

[ambrose]

"I'm like, dang. The way they speak and the way they put their words, I don't understand

Awww... our public edukayshin system at work...

[mlo]

They were told to get a lawyer and they didn't.

Where did it say that?

More importantly, what about a judge that doesn't follow the law? Isn't that more important than this kids motives?

[mdittmar]

Where did it say that?

Your lucky,obviously you have never been to court.

More importantly, what about a judge that doesn't follow the law?

What law would that be?

[Eugene Tackleberry]

So the law should distinguish between those wearing T-shirts and those wearing suits???

[ForOurFuture]

poverty is no excuse for dressing poorly!

Interesting.

[ForOurFuture]

poverty is no excuse for dressing poorly!

Ah!! Sarcasm.

[JRandomFreeper]

Isn't there typically an ad litem attorney for a minor in this circumstance, even if the family retains counsel? The bratling may only be 14, but she knows that we have retained general counsel, and she has a right (and prudent responsibility) to talk to a lawyer before she ever talks to a cop, much less a judge. Of course, since she knows about all of that, she's inclined to not have problems with the law.

/john

[Draco]

Bad reporting job. Why was one defendant represented by the Public Defender's Office but not this "ah shucks" car theif? Doesn't sound like he came out to badly though. Four to five grand is what is costs to fix stolen cars. Not a word in the article of expense, distress, etc., faced by the real victim here, the car's owner. Hope this kid learns something here.

[neutrino]

Nielsen ordered restitution of $4,608.94

Considering that the little miscreant was guilty (already determined, I note...and with private counsel!), the judge seems to have been the very soul of fairness.

Not arranging for a public defender in a timely manner was a further irresponsible act. And appearing in court dressed in a t-shirt is idiotic at best. If they could afford a private attorney to begin with, surely they could acquire an inexpensive dark suit as well.

Now as to whether the victims of the crimes will ever see a dime....I hesitate to speculate. I would not be optimistic.

[Risky Schemer]

So the law should distinguish between those wearing T-shirts and those wearing suits???

Yes! Like hate crime legislation or additional penalties for using a gun in a crime, additional penalty should be assessed for bad grooming and sloppy dressing. We've got to draw the line somewhere, or before you know it, anybody will think they're entitled to equal justice under the law.

"Guilty! Of poor fashion sense!"

[Jaidyn]

His gut was hanging out. At least he could have attempted to wear something that fit. The kid had been in trouble before so knows court procedure. His attempts at playing dumb didn't impress the judge who will probably have the kid in front of him again. The kid and his mom were playing games with the court system.

[mdittmar]

P.S.

Castillo, 36, was a janitor at the Hillsborough courthouse for years until she was injured a few years ago. She got to the courthouse an hour before the hearing May 6, she said, to line up a public defender.

Why would she do that?

Maybe a Judge in the pretrial hearing made it blantently obvious by asking a question such as ,oh,I don't know,

"You have the right to an attorney,one will be appointed to you if you cannot afford one,are you sure you want to waive that right?

You understand that if you are convicted of this offense the penalty could be.......,I will ask you again,you have the right to have a lawyer,are you now waiving that right?"

or something like that,I've heard.

[Catspaw]

The Judge, if he's allowed to stay on this case, is in deep doo doo. Not only did the defendant ask for a lawyer and was refused an attorney by the judge, but he didn't do a simple review of the defendant to see if he made a knowing and intelligent waiver of an attorney. That's mistake number one.

Mistake number two was proceeding with the on-the-record hearing with the defendant claiming he didn't understand the proceeding and continuing to request an attorney and the judge barrelling along to assess the restitution despite the defendant's protests. You can bet the public defender's office, once it gets off its butt, is going to appeal this, and the judge is going to be hauled before the Judicial Review Committee. Heck, the kid may not even have to pay the restitution because the judge screwed up so badly.

Mistake number three was not recognizing the reporter.

You might be able to excuse the fundamental lack of knowledge about the law and case law, but you cannot excuse the absolute stupidity of the judge in not recognizing a reporter on the courthouse beat busily scribbling notes.

[az wildkitten]

thank you for clearly identifying the problems with how this judge handled this case.

[pabianice]

The horror...

[Nitro]

"What time is it?" said the judge to Joey when they met "Five to ten," said Joey.

The judge says, "That's exactly what you get."

Lyrics care of Bob Dylan!