Thursday, January 14, 2010

$300 Lunch - in Woodstock?

A number of truancy cases were heard in Woodstock's Administrative Adjudication Court this morning. This, as you may know, is Woodstock's "own" court. Police officers here can cite certain violations into this court, rather than into McHenry County Circuit Court.

Judge David Eterno runs a good court. He is fair and firm, and the message he delivers ought to help anyone coming before him to change his ways and avoid a repeat visit.

Three high school students headed out for lunch on November 30. The campuses of both high schools in Woodstock became "closed" campuses, meaning that students are to stay at school all day - and not hop in a car to head for McDonald's at lunch time. But three seniors decided to do just that. Resource Officer Josh Fourdyce spotted them and issued a truancy citation to each one.

In court today, without legal representation, each accepted the "deal" offered by the City's prosecuting attorney for the minimum $50.00 fine, plus court costs of another $50.00. So it cost each one $100 to leave school that day, and they apparently never even made it to the restaurant.

I say "without legal representation", because how much would a lawyer cost to attempt a defense against a truancy ticket? I didn't see Officer Fourdyce in court today, and I wondered whether the case might have been dismissed for lack of prosecution witness, had any of the three asked Judge Eterno to dismiss (not continue) his case.

To me it looked like another example of "If you don't know your rights, you don't have any."

A lawyer would have cost well over $100, and the case may not have been winnable, but do you give up without even entering the ring?

In a case that was not a truancy matter, a man pled "Liable" for damaging a city-owned fire alarm box on Leah Lane. He was fined $100 plus court costs, plus $552 restitution for the damaged box. Because it was a negotiated plea, there was no trial and the details of the case were not disclosed in court. Fire officials were there to prosecute, if needed.

Judge Eterno stresses to those in the courtroom that they are fortunate to be in his court, not at Circuit Court. If there were in Circuit Court, any conviction might impair future job or college opportunities. He also explains that a defendant will be found "liable" or "not liable", based on a preponderance of evidence (51%), rather than "beyond a reasonable doubt."

I guess if you are going to get a ticket for a code violation, truancy, smoking and other types of violations that could be heard in Judge Eterno's court, that's where you want to me. Fines and court costs are lower, and you won't have to walk so far from your car.

2 comments:

Anonymous said...

Ya know, sometimes I just cannot 'read" you. You're all about discipline and accountability, yet you appear to defend the truant kid and offer a way to weazel out of his "crime" by stating the arresting officer wasn't present. The fact of the matter is if most people would just fess up and pay their fine, we wouldn't need all these criminal lawyers and people could "afford' to make their restitution and get on with their lives. That's TMB's 5-cents... had to jackup my 2-cents worth as the liquor tax is tak'n more out of pocket. DOH!

Gus said...

I have no intention to defend the truants, although $100 each for leaving the high school for lunch seems a little steep.

I don't consider knowing your rights and observing the absence of the prosecution's witness as attempting to weasel out of the ticket.

Thanks for your 5-cents' worth.