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Writing a novel? I am jealous. Have tried and stopped many times. I wish you the best of luck here, my friend. Unto your questions:1.Where does he spend the night when held in jail? In a holding cell? By himself? What would it look like?
A jail cell. Individuals charged with a crime have a right to see the judge at first opportunity. Normally, one or two days are spent in the county jail
which may be large (thousands of cells) for big counties, and small with only a few cells (100?) for small counties. Normally, this is a "transient" area. Individuals who have petty violations that require 6 months or a bit more serve their time in county jail rather than state prison, and those that are awaiting trial
are also held in county jail. PRISON is state-run, and is generally more institutionalized.2. His friend was speeding, they got pulled over, both are heavily intoxicated (stoned and drunk), my character (not driver) tosses the cocaine from his pocket, polices sees him do it. What charges would they have?
RECKLESS DRIVING - Petty Misdemeanor
291-2 & 701-107(4). Not more than 6 months, per 291C-103(e). (Friend)
For driving stoned/intoxicated, this would fall under a DUI. This depends on their priors. See here:
POSSESSION: Class A felony. Class "A" Felonies typically carry a maximum possible penalty of either 20 years or life in prison, but if the individual has no record or very little, prosecutor may offer a plea deal.3.Can I have his father bail him out the next day? Would it be after his arraignment? Where would he pick him up? Jail or Courthouse?
Let's give it two/five days - by the time he calls his dad, then his dad has to call the bail bondsmen, etc. Also, the initial bail is set very high or none at all, and is only lowered at hearing, if at all. He'd pick him up at the jailhouse. He may or may not have had an initial hearing by then where he is told of the charges, and his right to an attorney, etc.4. What happened at arraignment?
See above. Also see here:
http://thelaw.tv/hawaii/DUI+Law/DUI-1070 5 (**MOST IMPORTANT QUESTION) After 2-3 weeks staying with his father, what happens next? Would he have another court appearance where he and his lawyer could make some kind of plea agreement? or is that just done by the lawyer? Would he go with the lawyer to plea bargain? Would he be in front of the judge? Would his father be there too? How is it all handled?
He would have another hearing, and then another, and perhaps another. The prosecutor and the defense attorney meet a few times at these hearings, several weeks apart, to discuss case and where the Defense Attorney reviews the evidence and decides if to take a plea deal or take chances at trial. His attorney always is supposed to go with him to the Court, yes. His father can go. Normally, at these resets, all that happens is that the Defendant sits in the pews while the attorney and the DA talk, and then the attorney may go back to the Defendant to update him, and/or pass along a deal, before resetting. Often, while Defendants are not supposed to be late to the hearing (8:30, 9am), attorneys come in around 9 or 10, and then the DA and the attorneys talk, which means in all 3-4 hour wait just for a reset for the Defendant. Many get restless, but you cannot sleep in a Court. The bailiff often snaps at someone for doing so.6.How is the sentence given to him? In court? Letter? And after it's all over, does he go straight to rehab from the courthouse??
If at a plea deal, then the defendant is called up and the Judge renders the judgment based on the plea deal with all standing before the bench. If at trial, then at the sentencing hearing after being found guilty. He'd go straight to jail/rehab, unless his attorney specifically makes a plea for a few days to get their life in order before they enter treatment/jail - normally okay'd for non-violent
crimes where Defendants do not have history of absconding.Additional factors
-jail food is not enough, often - 1500 calories per day. Lunch can be an apple, cold sandwich, and a "milk" or a soda.
-it is very cold in jail.
-while in Court, Defendants who are jailed are often held in a jail cell adjacent to the courtroom with volume padding (it is normally noisy in the jail cell because you have 20 or so inmates yelling), and attorneys can go back there to talk to them via glass or bars. These are the ones who have been denied bail or are making their first appearance
-after a court date, the individuals who have had their matter heard are transported back to the county jail. Those that are given bail that is affordable may be bonded out of the jail a few hours later.
-individuals are dressed in jail uniforms - normally a bright, one-piece color.
-uniforms are often loose fitting.
-segregated by sexes
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