Heading into night court in Brooklyn where I’ll be meeting clients for the first time & arguing for release until 1am. I can’t complain. I’m free to go home afterward. I’ll try to update here if/when I have time. For now: Photo of criminal court w/ badly tangled American flag. 
First 2 things observed tonight: 1. Two benches full of family & loved ones outside courtroom waiting for it to open up. Mostly women & young children. 2. Behind courtroom, eight women just brought from central bookings, shackled together, struggling to move. Their laces removed.
4 days ago: 28 y/o client was charged w/ violent felony, $10k bail set, in Rikers. Tonight: Prosecutor *dismissed all felonies,* served paperwork w/ significant inconsistencies, mom said she can’t afford any bail. I asked for release. Judge changed bail to $2k. Far beyond reach.
Just now: My 23 y/o client was released on misdemeanor charges, but police won’t let her go. She’s “wanted” in Westchester for allegedly failing to abide by a stay away order for an ex-gf in *2015. Only other arrest ever. No violence alleged. She’s going to lose her job. Crying.
2 men in their 40s just brought out back-to-back in cuffs for driving on suspended licenses. A crime in NY. Both locked up for 24 hrs. Neither spoke English. Within seconds, both offered & pled guilty to a non-criminal traffic infraction. Why arrest & prosecute as crimes at all?
I’ve been inundated. After dinner break at 1030, 3 dozen or so cases suddenly came thru. Was a scramble to try to get as many people seen (& released hopefully) as possible. Just arraigned 8 cases back to back to back. 3 felonies, 5 misdemeanors. Fortunately bail only set in 1.
A 58 y/o woman who was dope sick. Arrested 57 times in last 10 yrs. All misdemeanors save for 1 felony 23 years ago. Nearly all for drug possession, prostitution, & petit larceny. Arrested again for theft. She denied it. Fortunately prosecution consent to release w/ supervision.
A 19 y/o kid who’s mother is a crack addict & was target of a search warrant. Cops busted down their door, tossed the house, found his mom’s stash, & arrested her, but also him & his brother. He’d never been arrested before. “Please tell me I’m going home,” he pleaded. Released.
18 y/o charged w/ possessing stolen property. Riding a Citibike. Officer told him to stop. Checked it & it had not been rented. Client said he found it leaning up against tree. First time arrest. Prosecution offered a plea to non-crime to end case. He just wanted it over. Pled.
As each case gets called, I reorient myself to the client & argument I’ll be making for release. 1 by 1 they’re walked from the bench to my side. They always look so different when on this side of the bars. I tell them it’s nice to have them standing next to me. Then get to work.
Next up: Another 19 y/o. Homeless since January after mom kicked him out. Terrified of shelter system. Living on street. Desperate. Stole credit cards at park & bought a pre-paid cell phone from Target & muffins from Whole Foods. Again, supervised release saves the day. Released.
“Supervised release” is part of all proposals to end cash bail. Judge orders release but w/ added obligations, but also services. For some, I’m concerned it’s an unnecessary restriction. For many it’s the difference between Rikers & freedom. For this young man, it was the latter.
After release, he sat down in the front row next to my other 19 y/o client who’s mom had a crack problem. They both spoke while re-lacing their shoes after the CO gave them back. They clearly had become friendly while waiting in the cells together. “Keep your head up.” “You too.”
Last client: 56 y/o. 1st arrest in 25 yrs. Lived w/ mom for last 23. Served lots of time as a teen. But was long stable. Found good work. Said he was happy. Seemed kind. Now accused of pulling gun on gf’s daughter’s bf. Adamantly denies. Doesn’t matter. Bail set: $50,000. Rikers.
Just got off phone w clients mom. “$50k!? How am I going to pay that?” A common question after bail gets set in a system that routinely fails to consider ability to pay. “I don’t know, ma’am. I’m sorry.” His next court date is Wednesday. “Look forward to meeting u then” she says.
I’m home now. Always a mix of exhausted & wired after a shift. Looking at the clock. My boy’s going to wake me up in less than 4 hours. And I’m going to hug him & hold him tight & tell him how lucky he is.
