Archive for the ‘Courts’ Category

PostHeaderIcon Judge Bill Hopkins: When Bail, Bond, and Divorce Make Me Growl

Photo of Bill Hopkins

As a sitting judge on a general trial court for twenty years, I ran across many things that made me wonder if anyone knew anything about the law. There is, of course, no secret that lawyers and their co-conspirators in all levels of government work daily and diligently to make the law incomprehensible. (CPAs are also guilty, but that’s another blog post.) So if we lawyers make things difficult, we shouldn’t complain when people don’t understand it, right? Wrong.

Here are but three of many things that make me growl.

(1) “A divorce (or dissolution of marriage or whatever your state calls it) is not a lawsuit.”

This one baffles me. Once I was speaking to a non-lawyer and I said, “John sued Mary for divorce.” The fellow answered, “No, he didn’t sue her. He filed a divorce. That’s different.”

If you are married and you do not want to be married, the only legal way I know of to accomplish that is to file a lawsuit asking the court to unhitch you. You must file a petition (or complaint or whatever your state calls it) and the court that hears divorce cases. That makes you the plaintiff (or petitioner or whatever your state calls it). The other party to the lawsuit (your soon to be ex-spouse) is called the defendant (or respondent or whatever your state calls it).

In some states, if you’ve agreed on everything, you can file a notice of settlement and some judge will sign a judgment, declaring you and your sweetie to no longer be married.

If you can’t agree, there could be a knock-down, drag-out courtroom battle that concerns everything from child custody to who gets the matched salt-and-pepper shakers from Hawaii.

That, my friends, is a real lawsuit, the same as if it was Standard Oil and the EPA.

(Note: I heard a divorce case where two judges were getting a divorce. They couldn’t agree on the disposition of a manure spreader. [Insert manure spreader joke here.] I decided it for them and they haven’t complained since.)

(2) “If you have a will, you don’t need to go through probate court.”

As far as I know, there is no such thing as an automatic will anywhere in any state or territory of the United States. (Correct me if I’m wrong. I’d love to see how that works! And, keep reading.)

When you die, there are two ways your stuff (if you have any stuff leftover from paying taxes all your life) is split one of two ways: You have a will or the government decides where your stuff goes.

This one I shouldn’t get too upset about because of the growing prevalence of trusts and other non-probate transfers of property. Such things keep you away from the probate division of the court to some degree or the other (depending on your state).

Free legal advice: Go to a competent—meaning you’ve done your research on the person—estate planning lawyer. Get a financial power of attorney, a healthcare power of attorney, a will, a trust, and advice on how transfer/pay on death works in your state. This can save you a lot of money and heartache. If you don’t care where your stuff goes and you don’t care if you have heartache and grief, then don’t do anything or use forms you found on the Internet.

And there’s no “reading of the will” except on soap operas. In fact, after you make out all your estate-planning documents, you should give photocopies to your potential heirs—you don’t have heirs until you die—and make sure they know how to get to your safe place after you pass. Protect your valuable documents from fire, flood, wind, earthquake, and critters (four- and two-legged).

(3) “Bail and bond mean the same thing.”

BAIL is generally how much the judge wants before you get out of jail and BOND is generally how the bail is made. Don’t ever expect journalists to get this right. And judges and lawyers often confuse it also.

The best way to knock this one flat is to give you three scenarios.

ONE: Danny Defendant has been arrested for a felony and the judge says, “You’ve always shown up in the past when you’ve been arrested so I’ll let you out on your own recognizance and we’ll take your word for it that you’ll be back for your trial.” This is a recognizance bond (or signature bond or whatever your state calls it).

TWO: Danny Defendant has been arrested for a felony and the judge says, “$10,000 cash only bail.” Danny’s decrepit grandmother who barely scrapes by on Social Security, sells her great-grandmother’s diamond ring and forks over $10,000 in cash to the court and gets a receipt made in Danny Defendant’s name. When he shows up, she gets the dough back. If he doesn’t show up, the government keeps the money. This is cash bond (or whatever your state calls it).

THREE: Danny Defendant has been arrested for a felony and the judge says, “$10,000 bail.” Chico leaves the Little League game he’s sponsoring and hustles down to the jail. Chico sells Danny a bail bond for $1000 which is paid for by Danny’s decrepit grandmother who gets a receipt made out in Danny’s name. If Danny shows up when the court tells him to, then the bond is cancelled. If Danny does not show up when the court tells him to, the bond is forfeited and Chico sues the decrepit Grandma for all she’s worth since Danny is gone. This is a bail bond (or whatever your state calls it).

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New Picture (1)

After two decades on the bench, Bill Hopkins captures readers with his Judge Rosswell Carew murder mysteries. How does a judge manage to wrangle his way into investigating so many crimes? And can he do it without crossing into the dark side himself? Find out by reading the complete series beginning with Courting Murder, followed by River Mourn and Bloody Earth.

Bill Hopkins is retired after beginning his legal career in 1971 and serving as a private attorney, prosecuting attorney, an administrative law judge, and a trial court judge, all in Missouri. His poems, short stories, and non-fiction have appeared in many different publications. He’s had several short plays produced. A book of collected poetry, Moving Into Forever, is available on Amazon. Bill is a member of Mystery Writers of America, Dramatists Guild, Horror Writers Association, Missouri Writers Guild, Romance Writers of America, and Sisters In Crime. Bill is also a photographer who has sold work in the United States, Canada, and Europe. He and his wife, Sharon (also a published writer), live in Marble Hill, Missouri, with their dogs and cats. Besides writing, Bill and Sharon are involved in collecting and restoring Camaros.

Please take a moment to visit Judge Bill Hopkins at www.judgebillhopkins.com

 

PostHeaderIcon Courtroom Security: The Hidden Side of The Criminal Trial

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You’ve all seen the deputies and other officers who guard courtrooms. Yes, they’re highly visible and they’re there to protect everyone from harm. However, courtroom security is far more than just watching prisoners inside the actual room where the trial is held.

Courtroom security officers diligently monitor spectators, witnesses, and defendants. They also watch the victim’s family members for any signs of potential violence against the defendant(s). And they’re always on high alert for escape attempts by prisoners.

But what we see in the courtroom—stern faces, sharply creased uniforms, and holstered weapons—is the tip of the iceberg. Behind the solid oak door at the rear of the courtroom is a well-oiled security machine with wheels that begin to turn long before the judge, jury, and witnesses sit down to have their breakfasts. In fact, many security measures have been in place for months, maybe years.

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Security starts with things like landscaping around the building and parking areas. Plantings and hardscapes must allow an unobstructed view and no potential hiding spots for snipers and others who may assist in an escape attempt during times of inmate and witness movement.

Outdoor lighting must be adequate, and prevent areas of darkness and shadow. Those yellow posts sticking up through the sidewalks and pavement? They’re in place to prevent a driver from rushing the building, or people. The barriers also prevent vehicles (those containing explosives, getaway vehicles, shooters, etc.) from getting too close to the facility.

Windows and doors are equipped with a shatter resistant film between the layers of glass. As a means of even greater protection some lower floor windows may be fitted with bullet-resistant glass. Doors are tamper proof and are connected to alarm systems.

Visitors to the courthouse, and their belongings, are carefully screened prior to entering secured areas of the facility.

Officer stationed at x-ray machine and walk-through metal detector.

Monitors for x-ray equipment.

Many judges have panic buttons hidden somewhere on their benches.

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A quick press of the button and the alarm sounds in manned stations within the courthouse and in nearby police departments.

Help is on the way in an instant.

Designated parking areas for judges and other court employees is a standard. The same is true for police and inmate transport vehicles. Any unauthorized vehicle in those areas is cause for concern and would require immediate investigation.

To further prevent breaches of security, the public is not permitted in any unauthorized areas of the court buildings.

Courthouses also feature secure areas for weapons and other sensitive material.

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Inmates are awakened, fed, and dressed long before the courtroom is open. All prisoners with hearings on a given day are transported from the county or city jail to the courthouse, where it’s quite possible they’ll each remain until the last trial of the day.

While at the courthouse prisoners must receive meals, bathroom facilities, etc. for the duration of their time there, which could be many, many hours.

Holding cells, where prisoners wait until the time of their trial, are located inside court buildings. After their time in the courtroom is complete, prisoners are returned to the holding cells where they remain until they’re transported back to the main jail, often at the end of the day when all inmates are transported at once.

*It is possible that transportation officers make trips to and from the jail and courthouse throughout the day. This depends on availability of staff members and vehicles. Remember, the fewer times inmates are out and about in the public, even in secured transport vehicles, reduces the opportunities for escape.

Inmate movement inside the courthouse is conducted through special hallways or passageways that are typically not available to the public.

FYI – Some courthouses are directly connected to jail facilities via underground/basement hallways.

Prisoner

In most areas, the duty of courtroom security falls on the sheriff of that particular jurisdiction. The sheriff assigns deputies to each courtroom, and each of those deputies receive specialized training that’s specific to the courtroom and inmate transportation.

In the federal system the job of courtroom and inmate security falls on the shoulders of the U.S. Marshals.

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Transporting prisoners via the U.S. Marshals’ Justice Prisoner and Alien Transportation System (JPATS). JPATS operates a network of aircraft, cars, vans and buses. (U.S. Marshals photo).

Protecting our courtrooms, and shuttling prisoners to and from those facilities, is a tough and dangerous job, a job with duties many people never see.

 

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