Sergio De La Pava - A Naked Singularity

Counsel?

Well I don’t think it’s the people’s role to come in and request that a defendant be 730’d. The relevant question, it seems to me, is whether I can communicate with him and whether I feel that he understands the nature of the proceedings against him.

So what do you want to do with the case?

I want you to give him time served on a plea.

People?

We’re recommending six months on a plea your honor. The defendant has a previous record and the window will cost four hundred dollars to replace.

Six months then.

No disposition. I’m requesting that you release my client on his own recognizance.

Bail will be set; do you have a further application?

I’m requesting a 730 examination.

The defendant is remanded and a 730 examination is ordered. Case is adjourned for two weeks to Part C for results of 730 exam.

P.D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Counsel do you need an interpreter on the Chinese case?

Can you get one?

Not anytime soon, we’ll put it over to the lobster.

No, I can do without.

Okay. Next case is docket ending 654— People versus Ah Chut . Defendant is charged with Unlicensed General Vending on the sworn complaint of Officer Faddis. Counsel waive the reading of the rights and charges but not the rights thereunder?

Yes.

People?

People offer a 240.20 and one day of community service.

Where did this community service come from? You said 240.20 and time served.

If I said that, it was a mistake. The standard offer is a discon and one day community service.

The guy’s been in jail twenty-nine hours.

What are we doing here counselors?

I’m trying to get the people to offer time served on a sixty-one-year old first arrest who’s been in twenty-nine hours.

As you know counselor it’s their offer and there’s nothing I can do about it. I’ll give him time served on a plea to the charge.

No because then he gets a record.

The offer is a discon with one day of community service.

You can go home now but you’ll have to do one day of community service.

Yeh.

My client is authorizing me to enter a plea of guilty to penal law 240.20, disorderly conduct, which is a violation not a crime, in exchange for the promised sentence of a conditional discharge with the condition that he perform one day of community service. He waives prosecution by information, waives formal allocution, and is ready for sentence.

Mr. Chut do you understand what your attorney just said?

He waives allocution judge.

No he doesn’t. I’m going to electrocute, I mean allocute him. Mr. Chut do you understand that your legal representative has offered to enter a plea of guilty on your behalf in exchange for the prosecution’s offer to reduce the charges in your case to the violation of disorderly conduct with the understanding that you will be sentenced to a conditional discharge the primary but not sole condition of which will be that you perform one day of community service?

Uh?

Do you speak and understand English Mr. Chut?

Can we approach?

Come up.

…

Judge he speaks very little English that’s why I waived allocution.

Well let’s get an interpreter.

In my experience that will take at least several hours at one in the morning and he’s already been in over twenty-four hours.

Well he clearly didn’t understand what I just said so I’m going to second call the case for an interpreter and let the next judge deal with it.

Can’t we just do the right thing here. Let him take the plea without allocuting, the case is over and all is well.

I’m not interested in doing the right thing as you call it; I’m going to do things correctly and that means not doing a case where the defendant doesn’t understand what’s happening.

Well then you don’t have to second call it, just release him with a date to return.

I’m not doing anything further on the case without an interpreter. How do I know he’ll even understand to return?

Then he’s entitled to be released if you’re not going to arraign him since he’s been in more than twenty-four hours.

You know the correct procedure for such an application is a writ.

Yeah and I know it takes longer than getting an interpreter.

A couple more hours in jail isn’t going to kill him… it’s not going to kill him.

Of course none of this would matter if she would just give him an ACD which is what the case is worth anyway; even he will understand dismissed .

I gave him the standard offer and I’m not changing it.

You seem to have an unhealthy fascination with all things standard.

Okay. That’s enough. Step back. Second call for Chinese interpreter… Chinese!

Second call, case is put over to AR-5! Step in. Final case is docket ending 652— People versus Rory Ludd . Defendant is charged with a violation of Parks and Recreation Regulation T-108 on the sworn complaint of Officer Milton. Counsel waive the reading of the rights and charges but not the rights thereunder?

Yes.

People?

On a plea to the charge people recommend time served.

I’ve discussed it with him and my client is authorizing me to enter a plea of guilty to a violation of this park regulation.

Mr. Ludd did you hear what your attorney has just said?

Yeah!

Yes?

Yes.

And is it true that you wish him to plead you guilty to violating this parks regulation?

I don’t have any choice.

You most certainly do have a choice, you can tell him you wish to fight this case. Is that what you want to do? Fight the case?

No.

So you wish to plead guilty?

Yes!

And is it true that you were in the park after it had closed?

I didn’t even know they closed the park! I wasn’t doing anything; I don’t understand what’s going on!

Well they do close the park and you’re no stranger to the system having been arrested… fourteen other times… so do you want to take this plea or not?

Yes. I was in the park after it closed and I’m pleading guilty but why did I have to be put through the system for something so stupid why couldn’t they have given me a summons or a D.A.T. — a disappearance ticket?

I’m not concerned with that Mr. Ludd. The fact is that whether it’s usual or not the police did nothing improper here and whether they put someone through the system or give them a summons is left to their discretion. That said, do you still wish to take this plea?

Yeah.

Yes?

Yes.

Very well. The sentence is time already served and there is no surcharge on these cases… time served.

Step out of the well your case is over. That being the final case of the evening, AR-3 is adjourned until 5:00 p.m. AR-5 will commence in approximately fifteen—

TOTAL BULLSHIT!

Hold it! Hold it! Get him back in here! Counselor I’m going to hold your client in contempt of court and sentence him to fifteen days. Do you wish to be heard?

Judge, I don’t think he meant to direct that to the court. I think he was just frustrated by the fact that—

Speak with your client because unless I get some kind of explanation the summary conviction and sentence will be imposed.

What are you doing? You were out the door.

I was just expressing myself man, I have a Fifth Amendment right to do that right? I spent a day in jail for no reason just because the cop didn’t like my face or something.

Whatever man. This is a battle you can’t win. What he wants is an apology, give it to him and I’ll get him to take back the contempt otherwise you’re going to stay in jail. Rory?

Fine.

Judge my client wishes to address you.