NIGHT ARRAIGNMENTS tonight. I am working the felony part where I should be arraigning serious cases. Instead so far all that has come through are open container cases, farebeats & marijuana cases. The things no one should be arrested for & @BrooklynDA says he doesn’t prosecute.
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The open container cases are the most ridiculous. 10 so far. No one has warrants or records so there is no possible justification for putting these people through the system.
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All the open container cases arraigned so far have been dismissed. but people have spent 24 hours in the system. One client needs a Georgian interpreter, which will be almost impossible to get on a Sunday night, so we are waiting to do that case.
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We ended up getting the Russian interpreter to do that case so the client wouldn’t have to stay in custody another night.
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One of the most problematic things about arresting people for offenses like this, is that they are fingerprinted whereas they wouldn't be if they were issued summonses as
@NYCMayor says they should be. This means if they are not citizens they are now on ICE's radar.2 replies 12 retweets 32 likesShow this thread -
Undocumented immigrants are particularly targeted for certain offenses, open container charges being one. Every person charged with this offense tonight was non-English speaking & required an interpreter.
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After we did case after case like this, the judge said to the prosecutor, is there a reason these cases are coming through. He looked through the his paperwork, I said, no, no one has a record, no warrants. I said why are these cases coming through the felony part.
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The judge who actually seemed as troubled as I was that we were arraigning so many low level cases (really I have not seen a shift like this in the more than 2 years I have been practicing in BK) made a joke to the prosecutor that I wanted to be arraigning more felony cases.
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No, I said, of course not. I just don't think it is right that these cases are coming through arraignments, period, but especially when his office claims not to prosecute them. I don't think she meant to be flippant b/c she seemed just as concerned.
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I also told her about the situation w/ the Georgian client using the Russian interpreter. This may not seem important to people, b/c his case was getting dismissed. But it is. I had the choice of waiting for a Georgian interpreter meaning he would be held in another night.
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