The War II: The Stink of Justice

Somehow my last post came off as being about spanking. It was supposed to be about a parents right to raise their child as they see fit. I'll come back to the discipline thing, because I think there is stuff to explore, but I want to finish this up.

So, I got arrested because my kid lied about me closed fist punching him and throwing him into a desk to the point of breakage. Pure fiction. But, I can ALMOST tolerate that, because I do think there are children out there that need protecting, and maybe if the cop errs on the side of caution... No, it sucks. Clearly if we are going to ask police to enforce family, they need to be trained to better discern a situation. I called 911 on an out of control child in a man's body and I ended up in jail. The kid is 6 feet tall and about 225. The police report listed him as 5'8" and 150 lbs. They also gave me an extra inch of height and put nearly an extra 50 pounds on me. They made it look like Rubeus Hagrid went all WWE on Frodo Baggins. We are a little more evenly matched than that.

So, excusing the arrest as best I can, I'm thinking this will all go away as the truth comes out. Clearly if there is one quality I possess in spades,it's naivety.

So that scene in Law and Order where you and your lawyer sit down with the DA and hash this all out. Pure fiction. The DA actually NEVER talked to me, from start to finish. He never even talked to my wife until months later when he realized she was going to be his number one witness, but she was actually on my side.

In the interim I am notified by the county sheriff that my name is entered into a child abuser's database. This is without conviction, or even an arraignment. I have yet to learn how to make this go away.

So day 1 of court (which if not for my Father-in-law bailing me out would have let me rot in a group cell for a week) what happens is the judge gives you the indicated sentence. This is what they will give you if you plead guilty right there. They also imply that if you fight on, the punishment will be harsher. They really want you to plead guilty and get out so they can slog through the stacks of DUIs and parole violations they deal with every day. I plead not guilty and ask for a public defender. I fill out forms 'till my hand hurts and go home.

2 weeks later, I appear and go through this exact thing all again, because no public defender has my file.

2 weeks later, I appear and simply postpone my case as my Public Defender JUST GOT MY FILE THAT MORNING! (Her name is Alison, and I do appreciate her efforts) She sends out an investigator to , uh, investigate. I drop off my step son's file, which includes behavioral problems dating back to third grade, multiple suspensions, CPS reports that pre-date my involvemnet, an expulsion hearing, half his lifetime of serious counseling, and not one but two arrest reports. It also includes signed statements from his mom, grandparents, pastor and a close family friend spelling out the situation that he an emotionally disturbed child, and I am not of the character to beat him. I literally have 25 people ready to testify to my character.

The DA ignores all this and presses on. The truth is, our DA's office wants to appear tough on crime, so the have a policy that they do not drop charges. Common sense be dammed. My lawyer AND her supervisor contact the DA's office to encourage them to see the light. No go.

I make a what I think is a critical mistake. I sign a form that allows me not to appear in court. I miss an appearance. The DA digs in his heels, and I will always wonder if I could have talked some sense into him in person.

We go to court again. My lawyer is involved in a jury trial, so we postpone. This is my 5th court date. We declare trial readiness. I'm going to a jury trial. The DA claims he never got the discovery packet, so I make another copy of the stack and drop it off. Alison thinks we are going to cream him, but of course can't guaranty that. This is all taking a serious toll on my mental health.

6th court date. The DA files for an extension. This is automatically granted. I learn he can do this several more times.

The DA calls my wife, to prep his witness. She gives him an ear full and reminds him the kid no longer resides in California. I don't know how they can have a trial at all, because i have a right to confront my accuser.

7th court date. I learn the most stunning fact of the whole ordeal. I can fight this thing and WIN. Not Guilty! Acquitted! and STILL have to pay up to 1000 dollars in court fees for use of the system. I realize that I would need real money to get real justice, and I don't have it. Spending 5 grand on a lawyer gets me nothing, and need a 10+ grand lawyer to get the DA to take notice. I need to be ready to spend a grand on court fees. I need to ask all my witnesses to be ready to go at a moments notice, and be on stand by for maybe ANOTHER month. My mind is reeling. I can't take it anymore.

The DA gets another extension over my lawyer's protests. And finally, he makes his move. I can plead guilty to disturbing the peace, an infraction (kinda like a ticket), and pay 100 dollars and this is all over. I stall for 10 minutes so that I don't appear too desperate, and sell my soul for the sake of my family and friends, and fiscal responsibility.

This whole thing from bail, to putting the kid on a plane to Texas, to parking and copying fees, buying a new dress shirt for court, Dry cleaning, and etc. takes us just north of 2200 dollars. Thank God for my in-laws who helped us out with the vast majority of this.

I spell all this out so you readers can know what to expect if the bad times come upon you. Be on your guard. I wonder how an average person can afford justice, and I fear it will only get worse. I'm still wondering what to do to work this all out for good. If you have any ideas, please let me know, either here, or write to platypibri at gmail dot com.

Up next, I intend to dwell in depth at the blissful heaven that is my little Katiebug.

fin.
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And now for a diaper change....

Brian
muse.platypionline.com