blank'/> Liberally Lean From The Land Of Dairy Queen: Allow Me To Rant

11.05.2009

Allow Me To Rant

Here's how it works. A person gets arrested (whether it be for a first degree felony or an outstanding traffic ticket) and then are taken to the Wise County Jail. From there, they are told the Justice of the Peace will be there tomorrow morning to set his or her bond. And they aren't getting out of the hoosegow until they post bond. The problem is that at least one of our JPs has a hard time showing up at a reasonable time. Case in point was today. Something stupid happened in Runaway Bay yesterday that caused a 17 year old to go to jail (for swearing) at around 5:00 p.m. The charge is a Class C misdemeanor of Disorderly Conduct punishable by a maximum fine of $500 (it's like a traffic ticket.) His non-Wise-County-living parents, obviously, were frantic last night about having a teenaged son arrested but were told that "the judge will be in here in the morning." This even prompted two lawyers to contact me last night to see if there was anything I could do. Nope. Nothing. So this kid gets to hang out with a bunch of meth heads last night. Does the judge show up at 8:00 a.m.? Nope. 9:00? Nope. 10:00? Nope. 11:00? Nope. 12:00? Yep. (To be fair, it was shortly before 12.) I've known a JP to show up in the afternoon to set bonds. Do you know how many people this tardiness inconveniences? You might not care about a 17 year old or anyone else arrested, but misdemeanor arrests can lead to job loses if people don't get released. There are also concerned family members who are inconveniencing jail staff members by trying to determine if a bond has been set. They are either bugging those sweet ladies in the reception area, or another receptionist is answering the phone and then transferring the call to the jail area where another gal has to answer the question of "Has a bond been set on xxxxx" for the millionth time. And when a bond is set around noon, you have the mass bond writing process and bookout procedure occurring at the same time the jail staff is trying to feed over 100 inmates. Which JPs are guilty of this? Not all. I have an idea of the worst offender(s) but don't have any personal knowledge of this. Those that are part of the process might have some insight.

77 comments:

Anonymous said...

I can't stand Tom Bishop either.

Double Fake Jessie Quisenberry

Anonymous said...

actually, we have 1 jp that has waited until 5pm (once 9pm) to arraign defendants from the previous day's arrest

Anonymous said...

Well part of the issue is that the JP's don't want to be inconvenienced by doing their job. Also, the JP's believe (not all, but most) that a person is guilty before being proven innocent and that the process should be hard on the inmates.

Anonymous said...

barry, this may actually help the poor kid. he obviously needs a dose of respect.
i dont feel sorry for him. no, i take that back. i feel sorry for him and his stinkin parents.
hope their proud.

Anonymous said...

not a problem if you don't get arrested!

Anonymous said...

i will bet you a thousand $ to a frickin nickel, that 17 yr old kid had no freakn job.

Denney Crane said...

Oh boy, another shitstorm... thought I would comment early so as to get the fallout by email.

" The suspense, I hope it lasts. " Willie Wonka

Anonymous said...

Don't break the law, and you won't have to worry about posting bond. But then again Barry, if people didn't break the law, you wouldn't have a job, and then you would have much more time to complain about petty issues.

Anonymous said...

Barry:

What I tell my clients is that the criminal justice system works okay for those defendants who are guilty, but it's lousy for those who are not.

"Never get off the boat, man, never get off the boat!"
- Chef, from "Apocalypse Now"

Anonymous said...

Wise County is so far behind the times. At least in Tarrant County, where it ain't 1960, you get arrested on a Class C Misdemeanor, you can bond out even before being arraigned.

Anonymous said...

state law requires arraignments to be performed 24 hours for class "C", 48 hours for classes "A&B" and 72 hours for felony arraignment. Sounds like it was done as the law provides. Too bad if some liberal defense lawyer and his client are inconvenienced.

Anonymous said...

Govt payroll Holmes - wait till that is your Doctor.

Anonymous said...

If he'd quit that Gawd Damn cussing the little bastard wouldn't be in the F'n Jail now would he?

Anonymous said...

I forgot to sign my name.

Double fake his Dad

Anonymous said...

What I said about Pct. #2 is right, even if you won't post it.

You Weiner

Anonymous said...

Does the law define what words are swear words?

Anonymous said...

What????

A government official that does not do their job?????

Well, I never.......

Hobbes said...

Does anybody have a problem with someone being arrested for cursing? Its not like he screamed fire in a theater. I guess as long my rights aren't being violated than there is no reason to get upset about the civil liberties of others.

Anonymous said...

And we want gubment health care shoved down our throats?

Anonymous said...

You holier than thou saints just absolutely piss me off! How utterly absurd for ANY kid to have to spend the night in jail for cursing...don't care WHO he cursed. The JPs prefer to get paid for doing nothing. I work at a local hospital, and we have a terrible time getting one whose initials are CP to do ANYTHING in a timely manner. When he does honor us with his presence, he's pompous and arrogant. Why don't these people get voted out? We pay them to work, not to be pompous jerks. Our judicial system was established around the priniples of innocence until PROVEN guilty. You people need to get a hefty dose of compassion, tolerance, and maybe walk a mile or two in others' shoes. Not all people whose kids end up in trouble are bad people, and neither are their kids...kids make mistakes and use bad judgement. Get off your high horses...now that's my rant for the day.

Anonymous said...

My bet is precinct two. Such a joke. Whatever they want to do and nobody stops them.

Anonymous said...

Here's the law from the Code of Criminal procedure:

Art. 14.06. [217] [264] [252] MUST TAKE OFFENDER BEFORE
MAGISTRATE. (a) Except as provided by Subsection (b), in each case
enumerated in this Code, the person making the arrest or the person
having custody of the person arrested shall take the person
arrested or have him taken without unnecessary delay, but not later
than 48 hours after the person is arrested, before the magistrate
who may have ordered the arrest, before some magistrate of the
county where the arrest was made without an order, or, to provide
more expeditiously to the person arrested the warnings described by
Article 15.17 of this Code, before a magistrate in any other county
of this state. The magistrate shall immediately perform the duties
described in Article 15.17 of this Code.
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a Class C misdemeanor,
other than an offense under Section 49.02, Penal Code, may, instead
of taking the person before a magistrate, issue a citation to the
person that contains written notice of the time and place the person
must appear before a magistrate, the name and address of the person
charged, and the offense charged.

Anonymous said...

It sucks to be stupid. I guess the simple thing to do is...don't get arrested. It's easy. Most of us go to bed every night with the warm and fuzzy feeling of not being arrested. It's nice. But if you do get arrested, that's the price of stupidity

Anonymous said...

2:21 What about that time you got arrested for Fng your neighbors horse, twice? Was it warm and fuzzy for ya both times?

http://startelegram.typepad.com/crime_time/2009/11/man-goes-to-prison-for-having-sex-with-horse-a-2nd-time.html

Anonymous said...

2:06: CP does not do much and can't be trusted to do arraignments or show for the hospital...JP2 chatches most of the work and is at the office every time I call and need someone arraigned. She is very quick to show for a scene or when a JP is needed. I can't belive that they all get paid the same. Salary should go with wk load.

Anonymous said...

if you cant do the time, dont do the crime.




tom b

Anonymous said...

I've been held overnight and till 8 o'clock the next night for a class c . Lost my job and caused great hardship on my family. Charge was droped but still spent all that time in jail with the meth-heads.



Not guilty

Anonymous said...

Check out the NEWS real story about FT. Hood! That is worth talking about, not this!

Anonymous said...

Getting arrested for cussin' is like getting a ticket for one mile over the speed limit. It's a Barney Fife moment.

mzchief said...

To anonymous 2:06...
It most certainly does matter who someone curses. Cursing/disrespecting a judge in court is not merely disrespecting the person sitting behind the bench it is showing absolute and utter contempt for the law. Yes, all people make mistakes and paying the consequences of having made mistakes is what keeps people from repeating their mistakes. Spending less than 24 hours in jail for cursing a judge in court is a cheap lesson for a 17 year old douche bag. Perhaps, had his parents be more concerned about their son's actions PRIOR to his arrest the obnoxious snot would not have spent the night in the Wise county jail.

As for the JP who shows up at their personal leisure, perhaps, some form of standardized arraignment schedule needs to be instituted, if for no other reason, than to allow the jail to be more efficiently run. As for worrying about the concerned parents, perhaps the person incarcerated should have shown a greater concern for their family prior to doing something to render them incarcerated.

mzchief said...

To anonymous 2:56...
The only facts known about the shootings at Ft. Hood is that there were 3 shooters possibly more, currently 7 deaths and 20+ people injured. Everything else is speculation.

Anonymous said...

Well, obviously I don't know the law, but why in the world couldn't another magistrate have been called? Aren't there instances when a JP is just simply out of town and somebody else handles the duties?

It's unforgiveable for an elected official to treat people that way. This person needs to be voted out.

Keep a record of these disgusting acts by this JP and use them in a political campaign to defeat the pompous jerk.

Jack Daniels said...

Just remember it at election time.

Anonymous said...

JP's in wise county are a JOKE!!...they all (especially "past" elected and now) think they know everything there is about the law! They are a bunch of "Lawyer" wanna be's...we could save alot of money if we'd get rid of these jobs...

Anonymous said...

Hello everyone, I'm not a JP or elected public servant in charge of anything of any real relevance but I just want y'all to understand I'm tired sometimes.

Anonymous said...

On December 21 2012 there will not be enough JP's to go around.

Anonymous said...

Yes, kids should be taught a lesson, but think of the time the officer wasted on this silly stunt when he could have been fighting real crime and protecting and serving the citizens.

Bottom line, the officer's ego was challenged and he responded like a 17 yr old kid himself.......using his badge to settle a score.

Had to be a Decatur cop.

Anonymous said...

To all those that have the attitude that "sucks to be arrested"..."just don't get arrested"...."serves them right"....etc...etc... etc....probably have never had someone in their life mistreated unfairly by the law...even though they were entirely innocent....I too had that attitude. But wow when you get accused of something you didn't do! You get a whole new view of our legal system!...and then when you are completely cleared of everything...doesn't help! Damage done...so I am thankful for lawyers...hope you holier than thous NEVER need one!

Anonymous said...

1:33 ya know, i've really got not argument with you concernnig the timing...if it was performed within the time required by law, then the kid, his or her parents and everyone else affected are smooth out of luck. But why the body slam to all attorneys who handle criminal cases by reference to "liberal defense lawyer"? The system we have, if you are a true believer in the red, white and blue, is DESIGNED to be adversarial. In order to pull that off, we have to have attorneys representing the state and the defendant. That some attorneys represent the defendants doesn't make them bad, or even liberal. It makes them part of the system. Granted, there are some scumbag defense attorneys out here in the cold, cold world of litigation. But new flash pal, there are some scumbag attorneys in all aspects of the law, just like there are some scumbag accountants, bankers, musicians, doctors, electricians, plumbers...the list goes on and on. IF you know the attorney and feel that strongly, call him or her and voice your opinion like an adult. IF you don't, quit talking out of your butt. Some conservative is a good thing. Some liberal is a good thing. Too much of either is bad juju.

As for the JP who can't get to the office before lunch, well, i'm certain the voters will recall this sort of thing next election.
CEP

Anonymous said...

Barry you need to get a life. You profit from the judicial system yet all you can do be critical of Police and Judges. Your such a man of honor. Using loop holes to get people off. Very rarely do you represent an innocent person. You know it as well as the rest of us. I guess thats whats wrong with our society. This young man "allegedly" was disorderly in a public building, yelling profanities and he should just be allowed to act however he sees fit. Poor child!! State of Texas says he's an adult. He chose his path, not the police or judicial system.

Anonymous said...

To all you shitheads saying "Dont get arrested, its easy" I say just wait. I am going to police academy and cant wait to arrest you for no seatbelt or a dim license plate light, then we will see how you feel. Its horseshit that people get arrested for stuff like that but it happens every day....

Triple Fake
Rex Hoskins neck meat

Anonymous said...

I have worked for the county in the past. The thing that really bugged me was that there was so much time spent doing nothing. Setting talking about personal stuff while others waited for them to get around and tend to their jobs. There is little accountablity in the county offices. As far as some of the JP's being arrogant that is very true. The Pct One Judge is always late for everything and expects everyone to wait patiently on her. Both 3 and 4 just do what they have to. My experience with JP 2 has been very good. Wish I still lived in Pct. 2. Unfortunatly I moved to Pct 1 about 3 years ago. Voters need to pay attention when they vote to elect someone that will do the job. Arraignments are not all of the job, but it makes a difference in how so many other peoples job go.

Anonymous said...

What happend to the good ol days of everyone running around naked and smoking pot without the least bit of worries...Hell, we can still do that! We'll call it the "Eighter From Decatur Smoke'er Later Naked Fun Run!" Starts tonight at the courthouse at 9pm, see ya'll there! WE WANT OUR FREEDOMS BACK (and to get naked)!!!!

Anonymous said...

I wonder how many timer the officer told the kid to quit cussing before they got themselves hooked up.....I am pretty sure warnings would have been given to the kid...so how does that make the arrest of your client stupid? Sounds like the only stupid one was the kid!

Anonymous said...

Im sure the officer warned the 17 year old to stop cursing.... The 17, like most, probably didnt listen. Next time Im sure he will shut his mouth and move along. Maybe the parents need to look at the whole situation and not "just the swearing". Im sure the whole story would be worth listening too.

Anonymous said...

Certain places in our society are places you just don't curse...i.e. your mother's dinner table, church, a cemetary, at a funeral, and in a court of law. Remember that next time you lose a DWI case, that you should lose, and you curse the judge or jury under your breath.

Anonymous said...

um, everyone who is arrested is arrested for "allegedly" commiting some crime. duh!

Hey,

"Life's hard; it's even harder when you're stupid."
John Wayne

Anonymous said...

What a friggin waste of my taxpayer dollars....hell yes im pissed i have the right ...everytime i see my tax dollars wasted on petty bullshit..(i.e. everytime i see someone in jail for traffic violations) ok try this ...spend the money like its yours...and work like you earn it!

Anonymous said...

Next time you morons are in a court, city hall, police department, sheriff's department, start raising hell with the judge, officer, deputy or public staff and see where it gets you. Guess that is the life of backwoods folk raising hell when they want to. Get's you a night at the Walker Hilton on Rook Ramsey in Decatur. Happy cursing. Barry is a little weiner, botching about future clients. Guess that is what happens when you cross the fence. Run with rumor and not wait for the truth, typical defense attorney.

Anonymous said...

mz you need to get your facts straight..as usual SFC..!

Anonymous said...

Looking at the majority of the post it's good to see most people think correctly. Sorry Barry your in the minority.

Anonymous said...

Kind of funny that Barry now decides that "meth heads" are bad when it fits into his rant. Otherwise, he is constantly telling us how petty and silly drug arrests are. He flip flops almost as much as his "super hero" president Obama.

Anonymous said...

Mr. "You holier than thou saints just absolutely piss me off! How utterly absurd for ANY kid to have to spend the night in jail for cursing...don't care WHO he cursed"...you're an idiot.

Just because YOU may tolerate language like that around anyone you please, doesn't mean that everyone does. Now go back to your own little world and take a nap

Anonymous said...

Here's one for ya...the Municipal Judge of Runaway Bay will not handle any DWI or DUI case. She sends them on to Bridgeport or Decatur. The reason...she may antagonize a RAB resident since she too lives in RAB and that ain't nice to have upset neighbors. Saw it in action folks!!!!

Anonymous said...

Our JP's r a joke. One of them even had a little run in with the game warden awhile back for baiting dove fields. What a lazy A$$ to bait a field. Geez. But ofcourse not much happened to him or his buddies.

Double Fake Prec. 4 P.J.

Anonymous said...

Sounds like a pretty tough day

Anonymous said...

Worked with a lady once that had to leave and go to school about her son's problems.When she returned I asked her about it;said he had been cussing and fighting.I asked what did you tell him?She said I told him(you little dumb S O B if you don't quit I'll beat the shi- out of you) true story. By the way he is doing life:third time loser now.DAGO

Anonymous said...

Great Parenting Skills!

Anonymous said...

8:45
municipal judges do not handle DWI cases, they are class b misd and filed with the County Attorney and felony DWI's are filed with the DA. It wouldn't suprise me if the RB Municipal Judge dismissed minor DUI cases. After all she has to keep the Club drunks happy and the 3 amigos on CC happy during happy hour every night at the club.

Anonymous said...

I feel your pain about the jp. I was once at the jail promptly at 9 for my son and the judge never showed up, I heard someone say the judge probably partied to much last night. I went home and my mother found out and went up to the jail and did her act like having a stroke and a heart attack and told the lady she was so upset until the lady let my mother pay my son's bond with a personal check and let my son go. I think alot of judges and jps could learn a valuable lesson if they ever recieved the wrath of my mother.

Anonymous said...

Why does stuff like swearing in Runaway Bay result in arrest and jail time? Did the goofy cops get frustrated ticketing people for no license plate light or not signaling their lane change? The JP delays are disconcerting but why in hell did the cops have to take a person to jail for swearing? That took our fine officer out of action for a couple of hours when they could actually be doing local useful police work. The Runaway Bay police are a continuing joke.

Anonymous said...

All DWI cases go to the county attorney or district attorney....IDIOTS!

Anonymous said...

hey if barry was a good reporter he would name names would be great to know what the master blogger thinks

Anonymous said...

TO 8:45
first of all municipal judges do not handle DWI/DUI cases the County Attorney handles these cases. all she does is civil cases and traffic tickets.

Anonymous said...

Would this be the same jp that got his charges dropped for hunting over a baited field while his hunting buddies got hung by the state and feds?

Anonymous said...

Hey 11:02 maybe BG is doing some early stumping for a candidate he wants to support?

If he is doing that to help us get rid of Precinct Four's "honorable" judge, I'll go with his candidate.

*

4:30 - could be, and some of don't even have a lot of respect for his hunting buddies.

Anonymous said...

It is easier to follow the law and not go to jail than to piss and moan b/c you were only driving 72 mph. Don't put the people with the power in a position where they have to take action or make a decision.

As far as CP goes did you all see the dirt bag who took his place for a little bit.

Anonymous said...

Here is the law from the Texas Penal Code regarding profanity.

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

Anonymous said...

12:29 - so this only applies to a person who appears before a judge on this charge?

What if the judge commits an offense by being abusive, indecent, profane or uses vulgar language?......is he/she excused because they are elected officials and therefore rendered, "honorable".........?

Anonymous said...

Maybe I missed something,did the Judge do any of the above during the hearing?

This law applies to anyone,even a Judge but if the Judge didn't do any of those things then it's a moot point.

As I understood it, the 17 year old was the one being disorderly.

Anonymous said...

the key words in this story are
runaway bay police. gets kind of
boring setting in the gun shop all
day. got to have some fun sometimes.

Anonymous said...

11:57 - BG's post had to be with the judge NOT showing up, which is just plain RUDE....but, considering who he is, it applies.

Anonymous said...

The jails new automated system should have taken care of the calls from parents etc., but it doesn't. They wanna know when, where and how. The arrested person isn't allowed a free call when they are booked in. The jailed person can try to use a phone in the jail cell to call collect but no one can remember numbers these days due to cell phone directories.and cell phones don't take collect calls.

A young man was arrested by RAB for Exp Veh Reg. His car was impounded. He was out $100.00 bond fee, bond was set at $400.00 but his mom didn't have it and and his vehicle was towed, tow fee $200.00 Offense of Exp Veh Reg may be dismissed when he complies with getting the vehicle registration renewed. He is from Stephenville passing through on a job.
We have a serious Violation of Due Process going on in Wise Co.
The JP's won't set fines on municipal charges, they don't feel they have jurisdiction even though defendant's are in the Wise Co. Jail for an on view municipal Class C charge. Jp's will only set bonds. They do set low bonds that can be applied to the fine later after a plea. The JP's don't know their fine.
Most of the time the jail tells people they have to call a bondsman. Not so, they can post cash bonds, money order, or cashier's check.
I've had wake up calls at night because the jailer told callers they can't take a cashier's "check" only cash, and then next shift tells them no cash just money order for fines.
When they set Class C bonds at 200 or 400 for the municipal courts we have jailers or Peace Officers tell them it is 10%. Bondsmen aren't going to the jail for $20.00 To small of a bond for 10% Bond fee needs to be at least a $100.00 minimum on any bond to make it worth their time.
If I were a JP local defendant's arrested for class C offenses would be released on personel recognance bond, then they could go to court in 10 or so days.
If I were the Judge I would give them some time served on their fine if found guilty.

Anonymous said...

In 1960 they gave you time served after four hours and kicked you out of jail. I miss the good ole days...

Anonymous said...

3:38 guess the young upstanding man should have had his registartion renewed and you view is obviously why you are not a JP.

Anonymous said...

4:45 Some Jp's do release people on personal bond. Your obiously not a JP either. And it's not just the young that can forget a vehicle registration renewal. Hope you forget yours get your car towed, sit in jail for 24 hours, have no money to get your car out or yourself out of jail, lose your job, have to have your mother drive from several counties away to help you out, then you can't even pay your fine, because you spent money to get out of jail and get the car out of impoundment. But Runaway Bay is selective, and that is illegal. They think you should be over 50 to live there, and their cheif took the job cause he wants a nice quiet little job. So if they can run you out of town by repeatedly arresting you they do their damdest.
The upstanding man didn't even have to wait for a JP.
He was arraigned by a sargent at the jail and released, therefore he didn't even have to wait for a JP or spend the night. A nice lawyer must of had some pull.
RAB PD waisted time, tires, gas.
I wish RAB would cut the police budget and fix their roads.
Jail personel are tired of seeing these kids brought in on Class C offences, tobacco..., oh please we had smoking areas in Jr. High. Just write the ticket.

Anonymous said...

Barry, you say the fine shouldn't exceed over $500.00.

Can the jail hold the defendant for more than five days,like up to 10 days if the fine is $500.00, because Wise County Jail says they only give them $50.00 a day for time served?

If they have more than one ticket shouldn't the ticket's run concurrent, like $50.00 each a day?

I have known people to be held more than 5 days due to a time served request sheet not being faxed back to the jail by the municipal or JP Judges. This results in calls to the jail over and over day after day. Then when they get no information as to a release time or date they start calling other agency's in the county trying to fine out which again results in more calls to the jail.

What if the defendant just wants to pay the fine and be done with it but the JP doesn't set a fine, just a bond that is double what the municpal court will charge for the fine.
Isn't this repressive?



Hell if they have to stay in jail for 24 hours and get their car towed for simply forgetting to renew their vehicle registration sounds like there may be more to this story.

I have heard if you don't agree to let them search your car, police will want to arrest you on the ticket and have your car towed so then because you are under arrest and having your car towed they can legally search the vehicle for inventory purposes. Seems like abusive officers with not much action going on so they create some.

Do cops get brownie points and move up for the number of arrest they make?

Some counties give you a day of time served for every 4 to 8 hours you are in jail. Usually due to over crowding.

Wichita County won't book anyone in their jail even if they have a warrant on a ticket for another county. They know it's a waist of time and they don't have the room.
Would wise county go and pick up the person in Wichita if they did book them? Wichita officers will just tell you it is an outstanding warrant and you need to take care of it.