Scott HechingerVerified account

No cases yet. Which usually only means one thing. It’s going to get busy later. Often all at once. This is why I always bring laptop (to arraignments, but also to normal court days). Have to use every opportunity *at work* to work. And even then, inevitably spills over into life.

Folks are asking what night court is. In Brooklyn and other boroughs in New York, criminal court is open for arraignments 7 days a week, 365, 9am - 1am the following day. Why: So many arrests & the need to ensure people are seen within 48 hours. In Brooklyn, most are seen w/n 24.

For those interested, I did a night court thread wrap up at the end of 2018. 10 different night court threads in one here.https://twitter.com/ScottHech/status/1079581825784336384 …

Most people think of arraignments as just some administrative necessity. Where you walk in to court, get formally charged, & walked back out again. This is because the arraignments most people see on T.V. are for people like Harvey Weinstein:https://twitter.com/ScottHech/status/1044644373252788225 …

Or Kevin Spacey:https://twitter.com/ScottHech/status/1082307964285919238 …

2 tiers of justice. 1 for those who have: Walk into court, suit & tie, prearranged bail package, walk back out again, fight case from position of freedom. 1 for those who don't: Arrested, cuffed, fingerprinted, held in a cell overnight, bail set.https://twitter.com/nowthisnews/status/1067612292274184193 …

I meet clients w/n 24 hours of an arrest. On the brink of crisis. In extraordinarily terrified & terrifying conditions. For them, arraignments are outcome determinative. Bail set on a misdemeanor? 92% plead guilty just to go home. On a felony? More likely to plead. To more time.

I did a break down thread of arraignments and bail here if interested in checking out:https://twitter.com/ScottHech/status/1044643018526117888 …

Just got handed my first case. A file. With a name. And a penal code. All I know is his accusation & his prior record. That's where a public defender job starts. But the real work begins when we walk to the back of the courtroom where the cells are & meet for the first time.

I'll be back when/if I can be. Thanks for following along.

Just met a 64 y/o disabled army veteran. Very sweet man. Barely could walk into interview room. So shaky could barely stand when we ultimately stood in front of the judge. Walked w/ cane. Charge? Assault on an EMS worker while being taken to the hospital. 2 months ago. Questions.

How on earth did *this man manage to do that? Perhaps even more baffling: Why didnt they arrest him after brought to the hospital if he actually did what alleged? That's routine procedure. Answers to both, I believe: He didnt do anything. Officers covering their own bad behavior.

Yesterday morning. 730am. This man hears a knock on his door. 4 warrant officers there to pick him up for an alleged incident from November. He was clueless. They must have the wrong guy. Cuffed. Taken to precinct. Waits nearly 12 hours-til *5pm*-for arresting officer to show up.

He's placed in a *lineup* and the ambulance officer picks him out as the perpetrator. He continues to deny wrongdoing. At some point last night, he's brought to hospital for necessary medication & for health check. Then held longer. 36 hours after his arrest, I'm handed his file.

When I read case & get a sense of him on paper, I already see something isn't right. When I walk back to interview area, call his name, & see this poor man stumble in about 20 seconds after calling for him, I *know everything is wrong. Asks me over & over: "Am I going home?"

I hate this question--"Am I going home?"--bc there is rarely a way to make that guarantee. I wish I could say. I go thru cons (nature of allegations) & pros (everything else, including nature of allegations). The wild card, as always, is prosecutor's bail request & the judge.

I told him that I'd do everything in my power to get him home. I had enough information to make a 10-15 minute release application based on nearly all statutory bail factors (save for seriousness of offense) in his favor. Called his close friend, who described him as a good man.

Before his case was called, I told my colleagues that if bail was set on the next case of mine, it would be a travesty. Then *they saw him walk out of the back, with his cane, to have his retinas scanned, & then sit down on the bench behind glass to await his fate. Heads shaking.

Case then called. Heart was beating. Prosecution steps up. Starts by asking for an order of protection in favor of EMS. Judge responds appropriately: "There is no way I'm issuing such an order. What happens if he's in an emergency? You want him to walk the other way?"

She then looks at him. Really looks at him. Then I look at her. And she looks back at me. She knows something's up. I turn to client and whisper: "We're off to a good start." The prosecution then walks thru allegations. And requests $10,000 bail. Judge looks my way. I'm ready.

I'm ready to talk about his life, his character, his conditions, his financial status, the danger he faces of losing housing, his service to our country, the sacrifices he made during that service, his friend, his friend's niece who walked into court last minute to support him.

Then judge asks me: "When was his last bench warrant?" Meaning: When was the last time he missed a court date. I had that answer ready: 20. YEARS. AGO. I could tell she had already looked & saw that. It was a good sign. Good 1st question. Then silence. "Counselor?" she asked me.

"I was hoping, your honor, that was all you needed to know, but I'm happy to provide more information if you'd like it," I said. "Give me a little more." I knew she was going to release him. I mentioned his age & his current situation. "Thank you. Sir, you're RELEASED."

Will help him remember & even get to his court date and connect him with services if he wants. At the end of their discussion, the representative (a really kind man), reached into his bag and pulled out a $10 gift certificate to Target. He was so grateful. As was I.

I kept the rest of our conversation short. Told him it was nice to meet him. Wish it was under better circumstances. Then we said goodbye. I'll see him in a few months. But told to put this out of sight, out of mind till then. Then he staggered toward the entrance & out the door.