Three hours of court left, yet very little could be reported in the newspaper the next day.
Not that nothing happened. The court saw life-changing interactions among the judge, the attorneys and the clients.
An orange-clad prisoner stood before the judge befuddled at the news of a previous record. Yes, the prisoner had recently incurred a minor infraction, but astonishment followed the mention of having been issued probation more than a decade ago.
The head shook. “No,” not involved in that crime. No idea of its origins.
“This is your name? Your former address? Your Social Security number?” the prosecutor asked.
“Yes, but I did not do that.”
A decade had passed since the incident, the judgment and non-appearance for probation. The judge dismissed the revocation of probation and addressed the current, less serious charge. The incarcerated sat down wiping away tears, still puzzled how the other charge had the wrong name.
It is only speculation, but perhaps a comparison of fingerprints then and now would reveal a stolen identity used when arrested for breaking the law. Perhaps a plea resulted in probation and the other individual high-tailed it out of the area, never to be seen again.
The newspaper does not report the name of an individual with a dismissed case.
The attorney spoke for another person, this one accused of theft of property, “I would like this to be continued. I think we can resolve this as a matter relating to a divorce case.”
It sounded as if the accused went to pick up personal items, used a personal key to enter the house and left during an absence of the soon-to-be-ex. So many issues quickly become confused and distorted when a relationship goes south. But, the name and the charge floated away as a news story.
As will the charge for the individual accused for the first time with terroristic threatening. (Parenthetical advise: It only takes a couple days in court to realize that it is never a good thing, not even in the heat of the moment, to say, “I am going to kill you” or “When you least expect it, I will …”)
That one time for this person resulted in an arrest and court appearance. Fortunately, the judicial system offers second chances. The accused was told, “Take an anger management class, have progress reports submitted to the court, the probation officer and the attorneys.”
Private life will be compromised for a while, but by following the instructions, the whole incident will be dismissed, forgotten at least in the judicial eyes of the court. So the reporter lays down the pen, no judgment made that day, and future reviews anticipate another dismissal. The anger management classes come highly recommended by Judge George VanHook. He has seen folks he knows personally who have benefited. One especially surprised him. After taking the class, the graduate chose to not react in a very aggressive situation that could have easily gotten out of hand.
Lots of notes scribbled in the reporter’s notebook during the day’s most interesting event. A long-forgotten crime returned to the court room with a request to expunge and seal the record of the convict. All penalties, fines and restitution had been paid. The time served. The convict made better choices.
The deputy prosecutor asked his mandatory questions. The defense attorney asked his. The judge ruled that personal history demonstrated true repentance and that all payments had been made. In deference to the individual (and the family who silently cried) as the record was sealed, this keyboard will not spell out names, dates, crime or other details — no matter how interesting the case.
Forgiven, forgotten.
The option to have a record expunged exists for anyone who breaks the law just once. Time and again, one judge after another has spelled out, “this is your first offense. Report to the probation officer, pay your fees, pay the restitution and follow the court’s instructions. Get a GED, a Wage certificate and/or do community service, and this can be expunged from your record.”
One crime, one time, whatever the age, if followed with a adherence to the judge’s sentence can result in a sealed and expunged record.
Some people get it. Some don’t.
Co-defendants received the same sentence. Both showed up to report their progress. One had paid the fines, gone to probation and done community service. The judge smiled and said the case would be dismissed.
The other had missed probation, had not paid restitution and had not shown up for community service. Not even a serious lecture and the threat of impending prison time changed the accused’s demeanor.
The day of court ended with the prosecutor asking to drop a case. The victim and the witness had disappeared, just like the court story for the next day’s newspaper.
A fluke. It hasn’t happened again.
Joan Hershberger is a staff writer with the El Dorado News Times.