NEWPORT BEACH, Calif. — During a probation hearing Thursday morning at the Newport Harbor Justice Center, a man accused of violating probation was granted the maximum extension allowed after a lengthy exchange with the court, during which he ultimately waived his rights despite repeated confusion over the proceedings.
The accused appeared in court alongside an interpreter on a probation violation stemming from a DUI charge. The accused also has other charges on record, including criminal threats, vandalism and brandishing a weapon, all of which fell under a domestic violence case.
Judge Gregg L. Prickett asked the accused if he had enrolled in the program required for probation. The accused responded no and went on to explain that he needed money to enroll and is currently homeless.
The judge asked the accused if he recalled the last time he was present in court, to which the accused responded, “No.” He said he did not recall the year. The judge stated that it “reminds us it has been way too long.”
The judge made a firm argument, explaining he has three pillars he normally abides by. He said he takes into consideration whether someone has recommitted offenses. The accused has not recommitted but has multiple prior offenses.
The judge stated, “I do not want to put you in jail, but you are not leaving me many options.”
The judge also added that he is not “unsympathetic to the fact that he is struggling with economic challenges” and added, “Yet.” The judge emphasized that the accused had not done the responsible thing, which was to attend court more than a month ago when the warrant for his arrest was issued.
The accused stated, “Please, I was sick.” He added that he has kidney problems and that sometimes he feels good, while other times he does not.
The judge said this was not an excuse. Judge Prickett added that he did not understand how it took the accused more than two years to appear in court.
The accused stated he did not know to attend court since he does not receive mail because he lives on the streets. The accused explained that he wants to fix his record since he is now employed.
Judge Prickett continued by stating that “your case is a mess” and further explained that he did not want to hear excuses. Judge Prickett also discussed the accused’s past charges and stated, “You have a history of not keeping your promises.”
The accused responded, “I have been irresponsible, but I want to fix it.”
The judge stated, “Against my better judgment, I’m going to give you another chance.” He said the accused would need to give up his rights to a hearing and a free lawyer.
The accused did not understand what was being said, and the conversation went back and forth as the interpreter tried her best to keep up. Counsel tried to step in and help clear the confusion, but the judge denied the request and stated, “I am here all day.”
After a few more minutes, the accused agreed to the terms and waived his rights. He was allotted three additional years per case to complete his courses.
The accused said he just needed one week to enroll.
Judge Prickett accepted the agreement and ordered the accused to return in two weeks with the corresponding documents needed.
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