I so wanted to leave a positive message tonight. Maybe tomorrow. Last night a new client was arrested for Assault in the 2nd Degreem by the Yonkers Police Department. The case is so week even the district attorney agrees it will never come out of the Grand Jury. All parties agreed that bail would be set very low.
Nevertheless, It didn't stop my poor and in this case, INNOCENT client from spending Christmas in jail. Doesn't matter that he has a job, roots in the community, and that 7 members of the community and his family came to the arraignment. The court could not release my client because one of the slowest most incompetently run Departments of the state government could not process the clients finger prints in 18 hours!!
The reason the Division of Criminal Justice Services uses out of dated machines and internet hookups. It's because their employees are slow and inefficient, it maybe because they are one of the most underfunded divisions in state government.
Without a "rap sheet" a judge does not have jurisdiction over the bail of the case.
Of course the District attorney could haved waived the need but they wouldn't. It didn't stop them from asking for a Temporary Order of Protection (which whould have acted as a waiver to the provision) nor did it stop the Judge from granting it. But to screw my client and his family...No Jurisdiction.
It was bull hockey move (I have stronger language but it is Christmas). There is no excuse for this. It wasted hours of time and money. It ruined the holiday not only for my client and his f&mily but for me too. Worse yet... it happened to hundreds of others too. In the highest taxed state in the union, it is unacceptable. I am thinking of suing under the civil rights act. Let me know if you know anyone else in a similar situation.
I wish I could say Merry Christmas, but It won't be.