This is a story of one man's 911 call, that led to do a serious crime (mine).

Wednesday, March 14, 2007

Update: My day in court

My case ended up being dismissed. It was not dismissed because the police officers were not present. Rather, the officer who wrote the ticket and her partner were both there, staring myself and my girlfriend down the entire time. I spent most the morning at the front desk because my paperwork had disappeared and I was not on the list of people to be tried that day? Regardless, I showed them my ticket and my appointment to be there. They then put me on the list and I went back to the court room.

The court appointed attorney advised me to plead "no contest". I refused and asked for a trial.

Then a strange thing happened. Once I requested a trial, the officer up and left after talking with a few court clerks. My court appointed attorney then whispers to me that my case is going be dismissed. When I went before the judge, she told me that my case is going to be dismissed on grounds of "probable deniability", whatever that means. And the judge explained that it was also to be dismissed "without prejudice". From what I understand, this means that the charges are dropped, but the City can re-open the case at any point in time in the future if they want. All the cases I saw that were dismissed were dismissed without prejudice, mostly because the police person who wrote the ticket did now show up.

This judge was very good, she was on-top of her game. The court house was crazy, and people were everywhere. Regardless, she was polite, strictly about business and strictly fair. I could also tell that she had a genuine concern for the welfare of Detroit citizens. It was a breath of fresh air to see that the buck can and will stop somewhere.

So, after seeing this whole process in person, here is what I would certainly do in the case that I am not guilty of a crime and am being persecuted by the police:

1) I would never admit guilt, or "no contest" (especially under such crazy situation as the described).. I was pressured many times to take the "easy" (plead guilty) way out. The court made it very easy to pick this option... No trial, no fuss, just a few bucks and a criminal record for a few months. This option was given to me twice and I refused both times.

2) If I could do it again, I would immediately request a trial by jury, it is your right. The court seems to avoid this at all cost due the time and effort involved. However, it seems to be the best chance at actually telling your story.

3) If I could do it again, and if a dismissal came up again, I'd request from my lawyer that the case is dismissed "with prejudice", which would mean that the City has no option of re-opening the case in the future.

Well, that's it. My court date was actually a little disappointing as I was looking forward to telling the judge all about the unfair treatment that I received. I'll just have to keep my own notes about how the system works in case I ever become an unsuspecting target again.

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