Tuesday, December 21, 2010

Into the Holding Cell...

"Corrections Specialist" has a certain authoritative feel to it. I must say, I do not see myself as an authoritative figure. I'm much too nice, accommodating, and understanding to be the kind of authority I should be for this job, but one day at a time I'm slowly changing into what it takes to pull off handling people who consistently try to manipulate and trick me into believing their stories and excuses.

It isn't easy. These people aren't hardcore criminals or dangerous, or even bad people. Most of them have just made one too many mistakes causing them to serve some time under house arrest with the company for which I work. If these people were a little meaner, and rough around the edges I wouldn't have such a problem telling them "no" when they try to weasel their way into more hours away at work or for getting groceries. Unfortunately/Fortunately this isn't the case.

The age of my "clients" (I'm not sure if you can consider someone a client if they are obligated to use your services) ranges from late teens to late 60s. There are about an equal number of men and women. Most of them fall within an income range of about a thousand dollars a month. (It stands true that the wealthier you are the better lawyer you can afford to get your sentencing down to a minimum time served, if any at all.) There also isn't a disproportionate amount of any ethnicity that utilizes our services either (most people in the area would ignorantly assume otherwise).

In order to be put onto house arrest or serve jail time because of  a DWI (which is what most of our clients are charged with, while there are some clients that have charges of assault, drug paraphernalia and other crimes, but mainly just DWIs since the machine we use is primarily for alcohol monitoring.) it is usually the defendant's 2nd or 3rd DWI depending on what their blood-alcohol level was at the time of arrest.

A person who was driving while intoxicated usually follows this path:
First, the person drinks too much and gets pulled over by a police officer. The driver is then asked to submit to a breath test. If the person refuses and the police officer has reason to believe the driver is intoxicated, the driver can be brought into the jail for another breathalyzer. (The reason for two different tests is two-fold. One, the test they give initially isn't exactly 100 percent accurate or reliable, so the second test at the police station is necessary for accuracy. Second, if you've been out at the bar and drinking a lot, but you jumped into your car right after taking a couple of shots, your blood-alcohol level won't be that high, but in an hour it will spike, and thus the test they give you at the jail will show if your BA levels are rising or declining.)

Second, like I just stated, the person is given the choice of taking another breathalyzer test. ALWAYS take this one. You can be charged with refusal to test which doesn't help your case at all. If you're drunk and at the jail, you might as well submit, and if you're not drunk, you might as well submit since you have nothing to hide.

Third, if found to be over the legal limit they'll be incarcerated.

Fourth, they have two set bails. The higher bail (e.g. $3000) is without conditions whereas the lower one (e.g. $300) is with conditions of being released onto an alcohol monitor, or EAM - Electronic Alcohol Monitoring, (where I finally come into the picture). Most choose the latter obviously for financial reasons, although it may not be very well explained to them that they are in fact paying for our services. When on alcohol monitoring they get two calls a day, one in the morning, and one in the evening, administering a breathalyzer test. The rest of the day they are free to do whatever they want, except drink.

Finally, after usually a month, they person on the alcohol monitor goes to their hearing, is sentenced, and generally has 30 days of home monitoring, or EHM - Electronic Home Monitoring,  to do at their own expense (meaning the courts no longer cover the cost up front). When on house arrest, the client may only leave the house for work, doctor appointments, or any court mandated rehab sessions, as well as two hours a week for personal errands.

This is just a general idea of what happens. It varies from county to county and case to case with a majority of people being simply on EHM and not EAM to EHM.

Having recently graduated unemployed and with no future plans from Brown University, this job serendipitously fell into my lap. The rest of my posts will be various tales of some of the clients with hilarious stories, some disturbing ones, and discussions about how the legal system fails and screws over some people. Join me as we follow those who must traverse the path of driving while intoxicated.