That feeling when I’m on the cusp of arguing for release for a man charged with first degree robbery and *I know* he’s innocent... Just spoke with his wife, with their 6 month old. I’m pacing the court. I know prosecution will request bail. Praying judge listens to me.
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Client just had bail set. Crushed. Another judge likely would have released. 30 y/o. 2 kids. 6 & 6 months. He stopped working a year ago to become a stay at home dad bc his wife (there in court w/ 6 mo old), got a better paying job & they can’t afford child care. He’s crying.
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Prosecution asked for $25k. I told judge all his wife could afford was $500 & that would be pushing it. She’s now going from bail bondsman to bail bondsman, pushing her stroller, to see if anyone can help. If he doesn’t get out, she has to quit her job to be with kids. Absurd.
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“Why would they set $2000 if I’m innocent & you told them I could only afford $500? That makes no sense,” he asked me afterward. We were separated by a cage. I said “I agree. It makes no sense. That’s why cash bail needs to be abolished.” He started crying again: “I’m so scared.”
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I put my hand in a fist. Put it up against bars. Connected w/ his. “I’m going to get you out. Praying your wife can make it happen today.” I then walked out for my lunch break, turned around, & snapped this photo of the front of the epicenter of mass incarceration in Brooklyn.pic.twitter.com/1OxojrQgGG
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Walked by Brooklyn House (the Rikers satellite location in BK) & home of Central Bookings (where all arrested in BK held before seeing judge). Always struck by how this horrific jail is just north of beautiful & carefree Carrol Gardens. Like these hopeful murals below jail bars.pic.twitter.com/aOrP9JAosP
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Reflecting over lunch about how just fact of being “in” can determine case outcomes. 1 client couldn’t remember a single phone number bc his phone was confiscated. Another client on way to Rikers now has important evidence on his Facebook, but doesn’t know his pswd. Auto fill.pic.twitter.com/wW74JZmEhX
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Scott Hechinger Retweeted Scott Hechinger
I realized I didnt provide outcome of vape case. Offer was a plea to “disorderly conduct” (violation, not crime). Negotiated “ACD” (stay out of trouble for 6 months). Both outcomes come w/ consequences, & these arrests should never enter court at all.https://twitter.com/scotthech/status/1040979656655228935?s=21 …
Scott Hechinger added,
Scott HechingerVerified account @ScottHechTo recap: Mayor & DA announces no more marijuana arrests/prosecutions. Today: Client is cuffed, brought to precinct, fingerprinted, held over night, retinas scanned, hauled before judge, for possession of a controlled substance solely bc he was smoking a vape pen, not a joint.
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Disorderly conduct comes w/ automatic court surcharge of $120, which most cant afford. Plea blocks any kind of lawsuit for unconstitutional conduct. ACD stays as open criminal case for 6 mos. During time: good luck w/ employment, housing, school loans, immigration consequences.
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Replying to @ScottHech
9/27 10am my
@NYCCouncil committee is holding a hearing on costs, fees, fines, surcharges in criminal cases -- The Cost of Justice. @ me w/examples & stories to look at. Includes costs imposed on people *just to participate* in alternative to incarceration programs.pic.twitter.com/er1frgNOcb
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Thank you
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