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Jailed 96 Days on Bogus Charge: It Is No One's Fault?


Society & Culture  (tags: crime, ethics, freedoms, law )

Phyllis
- 456 days ago - msn.com
Jessica Jauch was held for 96 days in a Mississippi jail without seeing a judge, getting a lawyer or having a chance to make bail.



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Comments

Sue H (7)
Wednesday October 19, 2016, 8:30 am
Frightening. :(
 

Phyllis P (251)
Wednesday October 19, 2016, 8:43 am
Only when she finally got a hearing and a lawyer, who persuaded prosecutors to watch the video, did the case fall apart.

Then, the 34-year-old mother sued, alleging violations of her rights to bail, legal representation, a speedy trial and liberty.

But a federal judge dismissed her case against Choctaw County and Sheriff Cloyd Halford last month, ruling that because she had been indicted by a grand jury on the felony drug charge, none of her constitutional and legal rights were violated.

The outcome has flummoxed civil liberties advocates who have been waging legal battles to reform Mississippi's criminal justice system, which provides almost no state funding for public defenders.

"I can't think of a situation where denying someone an appearance before a judge for 96 days after arrest passes constitutional muster," said attorney Cliff Johnson, who has sued Mississippi localities over pretrial detention and high bails for indigent defendants.

Similar lawsuits have been filed across the country. The American Civil Liberties Union is working state by state to force increased funding for public defenders, particularly in places where court-appointed lawyers depend on stingy local governments and court fees to get paid.
 

Phyllis P (251)
Wednesday October 19, 2016, 8:44 am
Pulled over for traffic offenses on April 26, 2012, Jauch was held thereafter because prosecutors relied on the word of an informant who said Jauch sold her eight Xanax pills for $40 in February 2011, according to court papers.

In fact, a Mississippi Bureau of Narcotics video showed Jauch asking to borrow the $40. But Jauch's lawyer in her federal suit, Victor Fleitas, said no one knew that because investigators and prosecutors apparently never watched the video before persuading the grand jury to charge her with selling a controlled substance. And she wasn't arraigned until the next court term in Choctaw County, three months later.
 

Sue L (64)
Wednesday October 19, 2016, 12:01 pm
Apparently you have no civil rights in Mississippi if you are poor. Expect more of this "law and order' if Trump is elected. God help us all.
 

Beth M (138)
Wednesday October 19, 2016, 12:31 pm
Glad that the ACLU is involved.
 

j A (282)
Wednesday October 19, 2016, 5:38 pm
To me the backdrop is the cuts to legal aid as a part of the austerity measures from Congress ever since Obama was elected-the GOP wanted to eliminate the funding all together. Thanks Phyllis
 

Elaine Al Meqdad (283)
Wednesday October 19, 2016, 9:54 pm
WELL FOR ME PHYLISS, I LOOK AT THIS FROM BOTH SIDES OF THE COIN, SO I WILL START WITH THE NON LEGAL SENSE, WHICH IS, SHE SPENT 96 DAYS IN JAIL WITHOUT DUE PROCESS YET SHE CLEARLY HAD SEVERAL TRAFFIC VIOLATIONS WHICH SHOWED SHE MADE NO HASTE IN CORRECTING THESE. SO PERHAPS KARMA BIT HER IN THE ASS AND THE LAW FIGURED SHE WAITED UNTIL SHE WAS CAUGHT (SHE OBVIOUSLY DID NOT GO TO COURT TO 1) FIGHT THESE CHARGES AND 2) SHE MADE NO EFFORTS TO FACE THE MUSIC..."THE PAYMENT OF THESE FINES). NOT GOOD TO RUN FROM THE LAW WHEN ONE IS AT FAULT. NOW ON THE LEGAL ASSPECTS, UNFORTUNATELY WE ARE NOT GIVEN DUE PROCESS UNDER THE LAW AND THE REASON FOR THIS IS, IS THAT THE JUDICIAL SYSTEM IS SO BACK LOGGED WITH CASES TO BE HEARD. (NOT THAT THIS IS RIGHT OR FAIR) BECAUSE BY THE LETTER OF THE LAW, WE SHOULD BE ENTITLED TO A SPEEDY TRIAL. AND I AGREE, 96 DAYS WITHOUT DUE PROCESS OF THE LAW FOR ANY OFFENCE DOES NOT WARRANT BEING HELD FOR 96 DAYS, WITHOUT THOSE DUE PROCESSES. BUT WE KNOW THAT LIFE IS NOT FAIR MOST TIMES OR MOST THINK THAT WAY. IF SHE HAD FOLLOWED THE RULE OF LAW, NONE OF THIS WOULD HAVE HAPPENED TO HER. SO, I HAVE TO (BY COMMON SENSE) SAY, THAT WHEN YOU BREAK THE LAW AND DO NOTHING TO RECTIFY IT BUT RATHER AVOID IT UNTIL YOU ARE CAUGHT, AT BEST THE COURTS WERE RIGHT IN DENYING BAIL AS IT APPEARS THAT SHE HAD NO INTENTIONS OF PAYING THOSE FINES FOR "HER" BREAKING THE LAW, BAIL DENIED WOULD BE JUSTIFIABLE.
 

Elaine Al Meqdad (283)
Wednesday October 19, 2016, 9:58 pm
" if Trump is elected. God help us all.
SUE, IF TRUMP IS ELECTED, GOD "WILL" HELP US ALL!
 

Elaine Al Meqdad (283)
Wednesday October 19, 2016, 10:04 pm
"ACKERMAN, Miss. — Pulled over for traffic violations, Jessica Jauch was held for 96 days in a Mississippi jail without seeing a judge, getting a lawyer or having a chance to make bail. She was charged with a felony based on a secretly recorded video that prosecutors finally acknowledged showed her committing no crime."

MY COMMENTS ARE BASED ON THE FACT THAT SHE WAS PULLED OVER FOR SEVERAL TRAFFIC VIOLATIONS. THE ARTICLE MADE NO SPECIFICITY TO A SUPPOSED DRUG DEAL.
 

Birgit W (160)
Thursday October 20, 2016, 6:43 am
Absolutely shocking!
 

Kat M (226)
Thursday October 20, 2016, 7:13 am
Our judicial system at its absolute worst!! But was certainly preventable!
 

Mike H (252)
Thursday October 20, 2016, 8:27 pm
U.S. governments are out of control at all levels
 

Danuta W (1248)
Friday October 21, 2016, 2:55 am
noted
 

Hugh Smith (112)
Sunday October 23, 2016, 12:45 am
Outrageous and shocking that this is happening.
 

Arild Gone for now (174)
Tuesday October 25, 2016, 3:23 am
WTF !!!
 
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