The Interview continued…
“We talked a little bit ago about what you would do if you found a bag of drugs in a co-worker’s desk,” Blanchett said. “There’s another reason I like to ask that particular question.”
“What’s that?” I asked.
“Well, if you get the job, you will be a public servant who is working at the pleasure of the District Attorney. Me,” Blanchett said, “What that means is that if you get pulled over for a DUI, or if you’re holding even less than an ounce of marijuana (which was an infraction at the time, not a crime but a ticket), or anything similar that would bring disrepute to the Office, and you’d be out. Even if it happened after your first 90-days.”
“What do you mean?” I asked.
“During the first 90 days, you’d be on probationary status, and we can fire you without cause,” Blanchett clarified. “I can still fire you after that if you do something to embarrass the Office, and I will,” Blanchett said.
“Fair enough,” I replied. “But I’m not worried about that in the slightest. I can promise you straight up that I will never do anything to bring disgrace to the Office or violate the public’s trust in any way.”
“Fair enough,” Peter responded with a grin…
**************************
Coquille, Oregon, November 1995 continued…
Mondays following a holiday weekend are always the busiest in every criminal court. This Thanksgiving holiday weekend was no exception. My juvenile court load was above average, with several alcohol-related fights, vandalisms, two DUI’s, and several thefts/burglaries to round out the morning’s arraignments. As I went back to my office, I could see that the District Court, where all the adult misdemeanors are handled, was far busier. Arraignments and plea hearings didn’t finish there until almost noon.
Regardless whether a case was in Juvenile Court, District Court, or Circuit Court (felonies at the time), the arraignments and guilty pleas were run very similarly. If it was an arraignment, it is the defendant’s first appearance in court, whether the defendant was arrested and in custody (jail), had a citation from a police officer showing the court time and place, or was “lettered” in to court via a D.A.’s letter apprising the person of the charges and setting the arraignment date. If the person had a citation or was “lettered” in and doesn’t show up, then the Judge issues a bench warrant and that person would be appearing soon but in custody after being arrested. If the defendant was out on bail and no showed, a bench warrant would issue and bail would then be revoked after the defendant is in jail again.
At the arraignments, the defendant is advised of his or her Miranda rights just like you see cops giving to suspects on TV shows, but here, it’s the Judge giving the warnings. After that, the defendant is asked if they have an attorney or need a court-appointed lawyer, which requires a financial affidavit showing financial hardship. (Side note – when the defendants lost their case after trial, they ALWAYS got hit with reimbursement of public defender costs. If they won, no bill!) If a P.D. (Public Defender) gets appointed or the defendant has retained counsel, the arraignment is continued to get the defense attorney on board, which is almost always the situation at a first appearance. At the second appearance - the continuation of the arraignment - the defendant enters a “not guilty” plea, again almost always. Even if they are guilty as homemade sin, the “not guilty” plea allows them time to get discovery - police reports and any other evidence - from the D.A.’s office, review it and then go over plea options based on the facts and evidence of the case.
(Another P.S.A. - ALWAYS get an attorney if you are accused of anything criminal because, at the very least, the defendant will get a plea offer that knocks down either the number of offenses, the severity of the crimes charged, or the time and terms of sentencing, or some combination thereof. Any person who pleads guilty at their arraignment is too incompetent mentally to enter the plea, at least in my judgment.)
If it was a continued arraignment with a plea deal, or the plea hearing that follows the arraignment in the Oregon process with a plea deal in place, another process must be followed to fully advise the defendant of their rights and confirm on the record the defendant’s waiving of their rights. The defendant must be told by the judge that they are waiving their rights to, among other things: a jury trial by their peers; confrontation of any witnesses or evidence presented against them; and, most importantly, the ability to appeal their guilty plea and sentence. In addition and every time, the defendant MUST admit guilt to the facts agreed upon to satisfy the plea deal. Further, all plea deals are a contract between the prosecutor and the defense attorney, BUT the judge always has the final say on approving it AND the judge is NOT bound by the terms of the plea deal while issuing the sentence against the now-convicted defendant. It’s usually routine, but it is always a gamble for both sides none-the-less. Then, after the plea is taken and warnings and admonitions given by the judge, comes the actual sentencing. If the crime(s) involves any actual victims, like an assault, theft, etc., then the victim(s) also have the right to speak before the judge issues the sentence. The defendant does, too, but other than an apology and occasional plea for mercy, they never did.
Then the sentence comes down. That takes a while, too, but I’ll save that process for another chapter.
All of this to say that each case called takes time. Arraignments are faster - about five to ten minutes each - but plea bargains that played out in court took time, sometimes a half-hour or more on some cases.
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