AUBURN, CA – An accused was prevented from joining a treatment program following a six-month wait here in a motion hearing last Thursday in Placer County Superior Court, even though the accused explained he was seeking help and trying to become sober for the first time since he was 12.
The accused, present in custody, faces a misdemeanor charge of driving with a suspended license from a driving under the influence (DUI) conviction and a felony charge of trying to evade a police officer with reckless driving.
In a change in the case, Deputy Public Defender Nick Tziavaras made a motion explaining that a change in circumstances calls for the accused to be released or at least have bail reduced.
DPD Tziavaras said the accused had a previous first strike from a 1998 Sacramento County conviction, but after revisiting this case it was discovered that the strike was erroneously ruled as such, but simply required court transcripts to confirm—which were already requested and in the process of being delivered.
As a result, added the DPD, the accused ended up serving an additional four years of incarceration after the mistaken doubling of his following sentence because of the previously alleged strike in 1998.
Since then, the accused’s most recent conviction was a 2011 Sacramento County case.
DPD Tziavaras also explained the accused had just been accepted into a treatment program for his drug addiction, after remaining on the waitlist for six months—the accused was now asking to be released from custody to enter the program.
DPD Tziavaras added that the accused’s previous attorney was now Judge David Reed of Yolo County, who has handled his Yolo County cases and helped him be admitted into the program.
DPD Tziavaras summarized that both the mistaken sentencing and the acceptance into the treatment program constituted a change in circumstances significant enough for the accused to be released or be granted a bail reduction.
Deputy District Attorney James McKay countered there had not been a significant change in circumstances to qualify for the accused’s release, as DPD Tziavaras had requested.
Instead, McKay reiterated the accused’s arrest conditions, stating he was detained in early September of last year while attempting to elude law enforcement, swerving through cars and traffic during a police chase and then attempting to run on foot.
DDA McKay argued the accused had a significant criminal history, and while dated—with the last conviction in 2011—still posed a significant safety risk.
The accused addressed the court directly, stating, “I have been an addict since 12 years old… all I knew was getting high.”
He added he had been waiting six months to go get treatment and, while it is no excuse, he made a mistake and was picked up on this case, noting he was genuinely remorseful and trying to seek help for a problem he admits he has suffered his whole life.
DPD Tziavaras added, “My client served additional time that he should not have been serving… that is a change in circumstances.”
Referring to the Dec. 5 minute order, Judge Stephen L. Mock ultimately denied the request for release and declined to reduce bail, citing that neither was previously accepted and that the resentencing was not a significant change in circumstances.
The accused is set to return to court Jan. 10 for trial assignment.
