Still Shaky

Just the other day I stepped out of my office to go walk a block and get myself something to eat. On my way, I encountered Shaky. It is always a treat to see Shaky outside of the courtroom. He didn't seem particularly drunk. Even sober, he sounds drunk because he has had his teeth knocked out and suffers from physical ailments that I have possibly never heard of. When I first represented him about nine years ago, he was fairly easy to understand. He had a bit of a spark in his eye. Now neither of those things are true.

Typically, when the police charge Shaky with something, the magistrate gives him a one hundred dollar bond. Shaky can't post the bond, so he stays in jail until his court date. Once I get appointed the case (and the court always appoints me to represent him -- it may be because I am the only lawyer who can understand him), I immediately try to get his court date moved up to the next date the Judge Cribble will be on the bench. Judge Cribble will give him time served, and he will be released.

Today Shaky had court. I was walking down the aisle in the courtroom and he waved me down from one of the seats. I was a bit startled. What was he doing there? He wasn't in custody. Had he somehow actually made his bond? Nope. The magistrate just gave him an unsecured bond, so he wasn't in jail for that case.

How Shaky knew to be in court today I cannot imagine. He is homeless. He seems to have no idea what is going on. But not only is he in court, but he is in court on the right day and in the right courtroom. How is that even possible?

So I helped expedite the process of getting him up to the judge to request court appointed counsel (ie, me). I was appointed. Now, the problem with Shaky not being in custody is that he has no jail credit on the case. When we go before the judge (hopefully Cribble), Shaky will not be able to get time served. The judge can't put him on probation because he is homeless and can't possibly be effectively supervised. The judge can't fine him because he can't possibly pay any money. But the judge can put him in jail, and that is probably what will happen. Hopefully, he will get one day in jail. So instead of Shaky going home on his court date like he usually does, he will probably go to jail.

And if memory serves me correctly, it will be the 23rd time I represent him.