Tuesday, July 10, 2012

Total jerks at McHenry Co Sheriff's Dept.

Exactly what kind of jerks are there at the McHenry County Sheriff's Dept.? You are about to find out.

Recently I became acquainted with a woman who has allegedly run afoul of several laws. She will work her way through the court system. That's not what this is about.

Last week she entered the courthouse and saw that her name was listed twice on the court monitors, in different courtrooms. She believed she had only one case that morning. Case Numbers are not listed on the monitors. She went to one courtroom and then went to the payment windows on the first floor to ask a question.

A clerk there looked up her records and told her she had only one case that morning, so she left after the first. She appreciated that clerk's help. Unfortunately, the clerk at the traffic payment window was wrong.

Had I been there, I would have told her, "Don't leave until you get more information." Usually mistakes are not made on monitor listings. She should have gone to both courtrooms and reported in to the clerks. All you have to do is tell both clerks that you are present. Ask them for advice. They will tell you to report to both; stay in one; come to the other when you are done. But at least they know you're there.

Because of her failure to appear in the other courtroom, a warrant was issued. There's nothing incorrect about that. The judge expected her. She didn't appear. Bang! Out goes the order with a $5,000 bail. That would not have happened, had she reported in at both courtrooms and returned as soon as business was finished in one.

I told this woman to get a lawyer and to expect to get arrested if she went anywhere near the courthouse. Yesterday she learned that she could file a Motion to Quash the warrant by telephone. She called the correct clerk in the courthouse and filed it by phone. She also then called the Warrants Division in the Sheriff's Office and told them the Motion to Quash had been filed. The folks in the Circuit Clerk's office believed that, if the Motion to Quash was filed, she would not be arrested. But the woman made sure she had gotten all the names of the many people with whom she spoke.

The Motion to Quash is to be heard tomorrow morning - the soonest she could get that court date.

Today she had a different court appearance and, when she got to the courthouse, a deputy was summoned to arrest her, and she had to post a bond on the warrant.

Outraged? Is anyone outraged over this? Besides me, I mean?

Is there not a policy in the Sheriff's Office to recognize the Motion to Quash and delay arrest? Did the arresting deputy today fail to follow that policy? Couldn't she have just phoned her supervisor while detaining the subject of the warrant, while she straightened it out?

I'm about ready to be really impolite and accusatory about the style of law-enforcement we have in this county. This is why a complete turnover at the top of the Sheriff's Department in McHenry County is needed. Where does the buck stop? At Keith Nygren's desk. Oh, he's out of town? Then at Andy Zinke's desk!!!


Steve said...

So predictable, you never let us down. This woman KNOWS she has two cases pending (or should), gets bad information from the clerk's office and gets a warrant issued for her arrest BECAUSE she messed up.

She takes steps to correct HER mistake and places a REQUEST for the judge to hear her explanation and dismiss the warrant. REQUEST is the key word. A motion to quash is nothing more than a REQUEST, it is not an ORDER. A motion changes nothing, the warrant is still in effect.

It's no different than submitting an application for a driver's license or a firearm owner's card. Application shows your heart's in the right place but it alone doesn't allow you to drive a car or own a gun UNTIL IT'S ISSUED.

A warrant is an ORDER for the sheriff to arrest the individual. The police, knowing the existence of a VALID warrant which this is UNTIL SUCH TIME AS THE JUDGE QUASHES IT, are required to arrest the individual. Discretion? Nope, not really. Valid warrant and you go to the can. Period.

We can well imagine what you'd be saying if this woman was not your friend or acquaintance, but instead an acquaintance (or suspected acquaintance, friend of a friend, etc.)of, say, Miller, Zinke or Nygren or Deputy Dooright, and you found out that they had her in hand and then let her go because she'd filed a motion and the judge MIGHT quash the warrant in a week or two. LOL!

You really are funny, Gus. Crazy, ignorant of the law and so many other things, but funny all the time.

Yep, the sheriff's deputies (plural - even though only one deputy is mentioned) are all jerks because they do their job according to the law rather than the Rule of Gus.

As always, both your bias and complete ignorance is showing.

Why not lose the friends/acquaintances who get themselves arrested or just follow your own suggestion and stay at the courthouse and make sure everyone does exactly what they are supposed to do so they don't get arrested?

Gus said...

Steve said, in part, "A warrant is an ORDER for the sheriff to arrest the individual. The police, knowing the existence of a VALID warrant which this is UNTIL SUCH TIME AS THE JUDGE QUASHES IT, are required to arrest the individual. Discretion? Nope, not really. Valid warrant and you go to the can. Period."

Yes, the judge "commands" ... OK, so the woman is at the courthouse, there is a Motion to Quash scheduled for the very next day, why didn't deputy obey the judge's Command and escort the woman directly to the judge's courtroom?

He could have summoned an Asst. State's Attorney, heard the Motion right then, and dealt with it.

Or doesn't that make too much sense?

The Usual Suspect said...

Jeeze, Mr. I wannabe SheRRIf!

The deputy does not make the rules, they only enforce them. When she arrived there was an active warrant and she was arrested. End of story, her own fault and there is no such thing as a DELAY OF ARREST PENDING the Motion to Quash and delay arrest? Gus makes things up as he so pleases.

The warrant was on file and in the system. The deputy was SUMMONED. Wait Judge, let’s check with Gus and see what he thinks…..NOT.

So in summary: The court record shows an active warrant and the judge orders she be taken into custody, DEPUTY IS SUMMONED. Off to the jail, then she can work things out. Too bad, so sad. Be more attentive next time lady!

Captain Louis “Louie” Renault

Curious1 said...

You are complaining that police arrested someone who had an active warrant for their arrest? Really?

Gus said...

Let's see, if "Inspector Clouseau" (a/k/a Det. Garafol) had done a little checking, she would have seen that this person had filed a Motion to Quash on Monday and had a court date on Wednesday. Exercising all her training and police prowess, short of calling out MARV, she was waiting for this person to appear for a court date on Tuesday.

Is MCSD all caught up on serving warrants? Or it is still hundreds behind? What pushed this one to the top of the pile?

When the offender was in court on Wednesday, the good judge vacated the warrant. Does this mean that the Bond and associated fees will be returned without delay?

The Usual Suspect said...

What police agency checks for FUTURE ORDERS? NONE!

People file motions everyday. You are clueless and show it with greater clarity everyday. Next you'll say that someone driving on expired plates or with No DL should be given a break if they say they INTENDED to get them tomorrow, or even next week.

Gus said...

The US, now why do you suppose that Judge Wilbrandt vacated the Warrant, even though it had been served and the subject taken into custody, and released?

freak815 said...

As the others have said, the motion to quash is a motion or more like a judicial request. it doesnt stay an existing valid order, including orders for warrant of arrest. If you have cases, you are responsible for knowing your dates, all of them, and showing. theres no discretion when an officer or deputy comes across a wanted subject whether a motion to quash is pending or not. Maybe thats why you can file that motion paperless and by phone. Gives you the chance to stay out of sight and lay low til your court date for the judge to hear your motion. Which by the way, he or she doesnt have to grant and could have you arrested in the courtroom and serve the warrant. Rare, but does happen.

Gus said...

freak815, thanks for your comment. I agree with all you wrote.

The offender in this case wanted an immediate hearing on the Motion to Quash but had to wait the requisite 48 hours.

This gave the astute detective on the case the opportunity to park herself outside a courtroom on the intervening one day and "capture" the villain, instead of pursuing bank robbers, murderers, rapists and child molesters.

Why didn't she just make the arrest herself, instead of summoning a deputy to do so?

And why not just take the arrested directly before the judge, if she is taken into custody inside the courthouse during court hours? What is the exact wording in the Warrant?

And why were deputies back at the alleged offender's residence on the day AFTER the arrest warrant was executed? Were they there to pick her up on the warrant, while she was at court on the Motion to Quash?