Sunday, March 22, 2015

7 months, no progress. by Wesley

3-12-2015

Today marks 7 months since I turned myself in to this county.

Everything seemed to go my way the first month and it seemed like I was going to get the result I'd hoped for and all seemed rosy.  That was 6 months ago.  That was 2 lawyers ago.  That was before hope was lost.

I have been here for 7 months without a court date.  I was discussed in court, once, but I wasn't there.  I have been discussed in offices down south in Harris County but I haven't been to court.

Court moves things along.  In Harris County, the appearances are roughly 2 weeks apart.  If I were in the Harris County jail, I would have had approximately 14 court appearances instead of 0.  The prosecutor and the defense counsels are both in court and they are forced to discuss how to resolve your case.  Plea, dismissal, or trial?

Of course, no court coordinator (The Judge's scheduler and King/Queen of the Court) would allow the case to languish for 14 appearances.  The court coordinator would have long since asked, "What are we doing with this case?"  She would have influenced the speed with which the case was resolved.  She would have a preset number of appearances that could be made before it had to be set for trial.

You can get an appearance, or two more, if you convince her resolution is likely, but no more.  There will be a speedy resolution because the Court does not like a loose end.  They like cases coming in-getting resolved- and moving on.  Old cases are loose ends.

But none of that happened, Harris County has little incentive to try and work out a deal because I have no court date.  They are waiting for me to be in custody down there for a quick resolution.

Montgomery County must lift its hold on me for me to go to Harris County.  I don't have charges against me in Montgomery County.  They have been holding me on what's called an "order of arrest."  The order of arrest stems from my probation.  So, they have not moved to revoke my probation, they don't even want to, they are just holding me until Harris County reaches an agreement.

So-- in the most classic of all rock and  hard places scenarios-- I'm not in Harris County custody, so I have no court dates.  Without a court date, the lawyers have little incentive to work out a deal in my case.  So I languish.

Montgomery County is not going to do anything until Harris County does.  They won't ship me down to Harris County until there is a resolution there, and there will be no resolution there, until I am there going to court.

So, that's awesome.  Two counties are being stubborn and my emotional health is being ground to pieces between the two metaphorical heads they keep bumping.

Everyone asks each other when they are going to court.  Court is a magical place where resolution takes place.  It represents hope.  It also represents progress.  People in authority talk about your case!!

I wish someone, somewhere, in a place with fluorescent lights, was saying my name in some context--right now.  I'm tired of feeling like a name in a dusty file on a forgotten desk.


1 comment:

  1. That is just wrong. You shouldn't have to be put on a standstill for that long, for the reasons you are being held for. Hopefully more people will see this and push for a more decisive resolution, so you can get a fair hearing and finally get on with things. The waiting game has gone long enough.

    Eliseo Weinstein @ JRs Bail Bond

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