PRETRIAL FOLLOW-UP
I had the opportunity to speak with Ms. Debra Lesniak, Supervisor of all Pretrial Officers, on Friday. We spoke about the reports I received that Pretrial Officers were advising supervised defendants not to hire an attorney in certain circumstances, or advising them to favor the inexpensive services of the Public Defender over private counsel.
Ms. Lesniak was in complete agreement that Pretrial Officers should never discuss the hiring of private counsel or, alternatively, the appointment of a Public Defender, or whether a defendant needs an attorney at all. She informed me she had not found any evidence of this being a problem, but assured me it would not be tolerated and that she had conveyed this to the staff.
It was a very positive discussion, with a view toward keeping the door open for further discussion, if the need arises. Please let me know if you are confronted with this problem in the future.
Jeff Ivashuk
Ask her if she has a problem with releasing dangerous felons back on our streets, or better yet ask her if she releases people who abscond from the program so as to not count as a Failure to Appear.
Good point. What about the safety of our citizens. Did anyone read the recent Sun Sentinel article on the issue? I think jaab should post the article for all to read and comment upon.
I thought Pretrial does not have the authority to release anyone, that it has to be a judge??? Also I thought that many many more people charged with the same type of serious offenses are actually released on bond. And we all know there are no regulations on bond companies. That is scarier.
No, It's the Judges' who rely on Pretrial to make good recommendations and they end up being the scapegoat as Pretrial claims The judge released them we didn't -- basically no accountabilty. Bondsmen have more authority than Pretrial and denifinitley more initiative to ensure people show up for court. Whats more scary is a program that believes everyone should have a right to Pretrial Release regardless of the charge -- Public Safety be damned -- Don't deny it NAPSA says it all.
Bondsmen are licensed and competent professionals who are regulated by each state's Department of Insurance. Bond fees and rates are not determined by race, gender or socio-economic status, but rather by strict criteria and statutes. A taxpayer-funded pretrial release program is not governed by such strict criteria - they are given an Administrative Order to follow in their release decisions. If this order is not followed, there are no sanctions imposed on the program. It is easy to blame the Judiciary for inappropriate releases but it is the pretrial program who is tasked with investigating and "certifying" the release criteria for the Judiciary. Commercial bail adds a layer of accountability that is non-existent with other forms of pretrial release. The industry is consistent and effective in providing services to defendants. Public policy affects public safety!
www.terrorinflorida.com/Cowart.aspx
www.terrorinflorida.com/Cowart.aspx
Concerned Citizen - If that is your website, you are indeed crazy as hell.
The problem Mr.Ivanshuk, is the promises & reassurances don't get it done. What happens is the "system" becomes a machine, grinding out results for the sake of the process,always moving forward. Whether or not PTR admits to the "directing" of individuals toward the P.D.'s office or the options provided by taking & accepting entry into the myriad of "programs", the fact remains the PUSH toward that result is
inherent & real. Here's an idea- have a
real live private attorney in the back of the jail,walking hand in hand with the jailers & the ptr interviewers explaining to defendants their TRUE rights & OPTIONS. Won't happen- The Machine would not like it. So in the mean time your potential clients will continue to be released on PTR, get a P.D. & a PROGRAM.