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Ben's* Presentencing
LA County Jail Interview
*Names have been changed to protect privacy.
Jail Media: In regards to the pre-sentencing process, did you ever have the police stop by for questioning?
Ben Smith: For my case in LA, it was Assault with a Deadly Weapon. I had a detective follow up on my case. As soon as the crime happened, for a couple of weeks, he was questioning me. I was kind of on the run a little bit. I wasn’t turning myself in, so everything was done over the phone which is not usually normal. They usually come out and see you. They want to talk to you, or they’ll have you come down to the police station to talk to you. Usually, they want you to turn yourself in for a pre-trial so they can give you your bail and bond.
Jail Media: What was your court appearance like for LA?
Ben Smith: They caught me on the street, so I went about it the wrong way. If you’re able to turn yourself in, you’ll be in front of the judge in your own clothes and not in handcuffs and shackled up to other inmates, it’s a lot better. I didn’t have that choice, so I got caught, and I was in my county outfit, and was shackled up to other inmates. Right off the bat, if you go about it that way, you look like you’re guilty. That’s not too great. Basically, you’ll go to the courthouse, and sit there all day long. Finally, they’ll call you for the pre-trial, and it’s only about five minutes. You sit in the court all day, and you’re only with the judge for about five minutes. They just ask you “Guilty or Not Guilty,” and depending on if you have a lawyer or public defender, they’ll come and talk to you, and they’ll tell you if the district attorney has made an offer to you yet, which usually for your first time, they won’t make you an offer. They’ll have you come back in a week or so, and then make you an offer. I went to the court three or four times before I was sentenced.
Jail Media: Are you in a holding cell while you’re waiting there?
Ben Smith: Yeah, you’re in a holding cell with about anywhere form 10 to 20 other inmates. You’ll be with them all day long, until everyone’s been to court, and then they’ll transfer you back to jail. Court is a really long process – something no one’s really looking forward to.
