Logo

Northampton, MA
413-585-9200

Amherst, MA: 413-549-0022

They Both Went Home

Posted on : January 18, 2015, By:  Tom Kokonowski, Esq.

One night last week, I was struggling with a touch of insomnia. I just could not shut off the whizzing noise in my head from that day.

So, I decided that it was a good night to start watching the entire series of The Office (U.S.), again. This would be the 5th time I have started that  endeavor. As luck, or fate or, most likely, God would have it, the Northampton Police were busy with my type of people and one person decided it was time to face the music.

Near the mid point of the first season of The Office (2am) I received a text message asking if I would be around Northampton Court later in the morning….yes I would be. At about 3:30 am I saw that I had missed a call to my cell (couldn’t feel the phone vibrate) from a restricted number. At that time of the morning, it can only be from a police lockup. Sure enough, I got the call that someone had been arrested and would be arraigned in Northampton Court in 5 hours. What a coincidence, I would be there, too.

The problem, however, is that the first case was a domestic assault and battery charge and the 2nd case was a violation of probation case that the client was in default for and facing jail time on a violation. The new domestic violence statute (see that part of my practice areas over there on the left) requires that a newly arrested defendant be held for a minimum of 6 hours, and we certainly expected the probation department to ask that the probationer be detained (held without bail) until the case was resolved.

A little bleary-eyed but ready to do battle, I arrived and spoke to the gentleman in lockup and met the probationer in the courtroom. The prosecutor was leaning toward asking for bail on the domestic case and, sure enough, the probation officer was not impressed that my client was turning himself in…she was asking for detention.

NOT ON MY WATCH

Sometimes my job is simply to get the actual facts of a case in front of the people intending to do my clients harm because the actual facts are far less serious than the hysteria of the charges themselves. That usually takes some time during the court appearance. So, we waited and looked and negotiated and, lo and behold, the arrested client was cut loose on his own recognizance, and the probationer had his probation terminated upon payment of $50. He was no longer on probation. They both went home.

Leave a Reply

Your email address will not be published. Required fields are marked *

*