"Oh, it's just Woodstock's own court. Showing up doesn't matter."
Is that what one defendant thought last week, when he didn't bother to show up for his date with Judge Eterno in Woodstock's Administrative Adjudication Court?
It won't be long before he realizes that he made a really serious mistake.
The young man (who can avoid additional shame and embarrassment here by remaining unidentified) was to be in court on last Thursday on a truancy matter. Not just "a" truancy matter; he had seven dates of truancy for which he was to answer.
Where was he? Well, not in court.
He had had a previous truancy case in this court. When he didn't show last Thursday, the City's prosecutor asked Judge Eterno to find him Guilty (Liable) and to fine him the maximum amount for each instance of truancy. Ouch!
Earlier in the session the judge had mentioned that truancy fines range from $50 to $100.
At the maximum fine of $100 for each of the seven truancies, this young man is going to owe $700, plus one $50 bill in court costs.
What might have happened if he had shown up in court? Well, he might have struck a deal to plead Guilty on one violation at the maximum fine of $100, plus $50 costs. Maybe the City might have dismissed the others; maybe not. Or he might have arm-wrestled with Attorney Kevin Chrzanowski and ended up somewhere in the middle between $100 and $700. But his price for the no-show? $750.00!!!
Showing posts with label Administrative Adjudication Court. Show all posts
Showing posts with label Administrative Adjudication Court. Show all posts
Monday, June 14, 2010
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.
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.
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