System Failure

You ever have a client thank you for something you don't deserve to be thanked for? My client thanked me this morning and I wanted to thank him for not hating my guts. I think my client got screwed and I stood by him the whole time. Yes, there were many things involved that were out of my control, but I am not the business of making excuses. This kid just turned 22 and he spent five months in jail for violating an order of protection. Bail was nominal but none of his friends or family were willing to risk 3K on him.

My client, (let's call him Tyler) was ordered by the court to stay away from and refrain from contacting the home of his 18 year old girlfriend. The order was in favor of the girlfriend's mother who was aware that her daughter and Tyler were doing serious drugs together. Tyler never even came close to threatening violence against the mother or her home, but a judge signed the order nonetheless. One day, Tyler called the mother's home and left one phone message. He also went to the home when the mother was not around. He was arrested and charged with aggravated harassment and criminal contempt for violating the order of protection. He was arrested and sent to jail.

When I was assigned Tyler's case, I thought it was a very minor deal. One trip to court and I would get either an ACOD dismissal or a violation with a sentence of a fine and time served. Boy, was I mistaken. Turns out Tyler has a severe heroin addiction. This was his third arrest in six months. When I got his file at court, his criminal history revealed that this young man has serious problems. My intention was to argue for his release on recognizance at the bail hearing but suddenly, I realized that the street would be a dangerous place for Tyler. I really struggled in the few minutes I had before his case was called. Am I really going to argue that the court should release my heroin addicted, homeless client out on to the street? I had no idea what I was going to do as I approached the bench. Before I got in front of the judge, a bailiff handed me a piece of paper. It was a warrant for Tyler's arrest for an open case in Connecticut. Yes! even if I got him ROR'rd, he would still be stuck in the jail. Dilemma solved.

So I work out a deal that would get Tyler treatment for his addiction. Real treatment. In house and paid for by the taxpayer. If he cleans himself up, the charges will be dropped. At this point I feel good about this case. Problem is, the DA has a policy not to offer a Drug Court disposition for defendants with outstanding warrants.

I reached out to the prosecutor in CT. Tyler's warrant was issued because he failed to appear for a violation of probation charge that stemmed from his failure to get substance abuse treatment. I figured once I explained to the State Attorney in CT that we arranged for a bed in a treatment facility here in Saratoga, he would help me out and vacate the warrant. I tried. The public defender in CT tried. The Saratoga DA tried. We all failed.

Yesterday Tyler was sentenced to time served. My understanding was that he would be held until CT arranged to have him transported there. As I drove away from the courthouse, there was Tyler, in my rear view mirror, smoking a butt on the steps of the courthouse with his friends. I am afraid for him. He is homeless. He is an addict. I find it hard to believe that the first thing he will not want to do, is get high. I am praying I don't read a story about him in paper soon.