By Kaylee Pearlman
MODESTO, CA – A Stanislaus County Superior Court heard two different arraignment cases that apparently left two men confused about what the judge had ruled—both of the accused did not have legal representation and one man left the court in handcuffs.
One man was in court for an alleged felony arraignment, but the accused didn’t yet have “charges filed,” according to the judge. This was the man’s second time coming to court awaiting charges.
Judge Kellee Westbrook ordered that “this will be the last one [arraignment] and the DA will have to issue an arrest warrant if they don’t file by then.” The accused asked, “Wait, what? arrest warrant?”
“Not now,” the judge states. “You can be on bail for 180 days and you’ve done 90 and you’re gonna do another 90 and the DA will have to make a decision by then.” The man still stood there confused. With no legal representation, there was no one there to explain the process to him.
“The judge said she was going to release me the second time…’cause if they didn’t file…” The judge restated what she said before, “you’re in the same situation, you get up to 180 days.”
Judge Westbrook continued, “and I’m pretty sure Judge Stevens didn’t say she was going to release you today.” She again restated, “You’re released on your bail bond if you come back in 90 days, okay?”
The man shook his head okay and walked back to his seat, still confused about the process.
The next case was another arraignment case, and the accused was representing himself—again, no legal representation. The judge asked if he wanted counsel to be appointed. The accused replied wanted to get one on his own.
The accused was first arrested for a misdemeanor DUI (driving under the influence) charge and had returned to court with more DUI charges. The matter in court pertained to his bail.
“The bail bond that you posted [originally] in this case was for $27,000,” the judge stated. With all the additional charges that the accused accumulated while on bail the judge added, “my inclination is to forfeit your bail bond and reset bail at $75,000 and remand you (sent him to jail).”
“Because at this time,” Judge Westbrook continues. “I feel that you are a risk to the community….we’ll get you some counsel.”
The accused had some questions. “What does that mean?” He looked at the prosecutor, who was not looking at him. No one was representing him, leaving room for confusion on the legal process.
Judge Westbrook restated her ruling, “I’m going to set this for bail review. I’m going to remand you. I’m going to exonerate your bail. At this point I’m resetting the bail in the felony…”
The prosecution said that “the defendant had his first DUI which he hasn’t been convicted on which he hasn’t taken care of.” He went on to list the other charges the accused has against him.
“According to the bail schedule …” Deputy District Attorney Montenegro continued, “If he were to be convicted of all of them it would be much higher than $75,000…nonetheless given that these DUI arrests have been so close in time to each other and one of them he severely injures some victims.”
Montenegro added that “given the fact that the defendant has had so many DUIs in a short period of time and injured so many people, I would ask that the bail be set at no bail at this point.” The judge asked, “I don’t get why with two misdemeanors how it could be over $75,000?”
Montenegro responded “because of him being a risk to the community and the serious bodily injury enhancement…I’m just trying to look ahead to what it should be.”
The prosecutor had the full attention of the judge because the accused did not have an attorney to defend him.
“I see what you’re saying,” Judge Westbrook added. “This is what I’m going to do. I’m going to see both cases at this point at no bail. But I’m going to do a two-day turnaround so he can have counsel to represent him.”
Judge Westbrook asked him, “I can appoint you counsel or if you can find someone from the inside in the next couple of days to represent you.” The accused replied, “I-I don’t understand.”
“Okay.” the judge replied. “In both cases I’m going to appoint the public defender’s office and we will not waive any time.” Judge Westbrook continued, “because of the public safety matter the bail was set at no bail until a formal bail review hearing.”
The bailiff then started to place the accused in handcuffs, but the accused was still confused, and asked, “Can I get a phone call? I thought I got bailed out,” as he was escorted out of the courtroom to jail. 
