Just want to say thank you to OP for this offer! I'm homeless after ten years in pretrial detention simply because I couldn't get access to my money to bail myself out. By the time I got out everything was gone. I am doing fine though and am on the road to recovery. It's been a hard few weeks as all the food pantries I went to over the Thanksgiving holidays were closed, when you would expect them to be open, but my regular haunt was open again yesterday and another should be open tomorrow.
I don't need anything though, I am (now) a man of extremely humble means. I wake up every morning alive and I have access to the Internet. What more does a nerd need? :D
p.s. I do accept any coupons for free SaaS subscriptions anyone has spare. Literally any tiny bit of money I get goes on subs and a Hetzner three euro/month ARM server rental!
WTF. Ten years locked up without trial, isn't that unconstitutional?
I really don't want to start a flamewar, but as a central european, this sounds crazy ! What is the reason for that ? I'd expect you to be released (well, maybe not for murders and such), and called for the trial when the time comes ?
It's not as rare as we would wish unfortunately[1]. Though years is extreme.
[1] https://www.dw.com/en/presumed-innocent-but-detained-for-mon...
That's a good article, thank you.
I was in a EU prison. I have seen 5 years pretrial detentions with one guy. There is no rule of law.
Me, they put for a month into solitary confinement under 24/7 video surveillance when I demanded to speak to the US embassy, since they did not believe me that I am a US citizen.
No, there were 92 people on bail for murder in my county at the same time I was locked up. They just had the $50K, $100K, $200K .. whatever the judge asked for to secure their release.
There were people I was with doing months in jail because they couldn't come up with $50. I had a homeless cellmate with a $200 bond. I told him I'd get my wife to pay the damned thing, but in the end he managed to get all his homeless buddies to come down to the jail and give $10 or $20 each over three days until he had enough to get out. I won that case for him, he was only jailed because the local police chief was a piece of shit and put a false warrant out for him even though he had committed no crime.
Sadly nothing in the constitution limits the length of pretrial incarceration. I don't understand the full constitutional implications of the those in Guantanamo, but that issue probably had something to do with why their detention was allowed to continue for so long.
I've known several people who managed over 11 years in the Cook County Jail.
I did 8 years and 1 month in jail, then 11 months on house arrest, then another 5 months in jail for Tweeting about police misconduct. Then another 4 months in prison because they didn't want to phone my release site.
So I guess the right to a speedy trial only violated if the prosecution delay the trial for no good reason, but if the whole system is under resourced it doesn’t count?
This. Illinois has a 120 day speedy trial statute (and the constitution has a vaguer requirement), but as you say it is only really violated by the prosecution. If your attorney agrees to any delays the speedy trial clock does not tick.
Kevin Mitnik was famously held for 4 and a half years before his trial. That's where I learned about this shitty practice.
Anyone else rocking the "Free Kevin" bumper sticker back in the day?
This and civil forfeiture stuff always has pissed me off immensely.
I'm really curious, how does that work? Can you not give a lawyer written permission to make certain financial decisions for you such as taking money off of a bank account? Or is it that you had to sell assets such as stocks etc for which you weren't allowed? Or is it that banks froze all your accounts because you're under detention? Or is it that it's not possible to give lawyers such financial permissions in the US?
Thats hard and depends where the money is, it may even be abroad. My US bank did not even reply to inquires from my lawyer in Europe.
I am recovering too. Soon, I got to war.
Can your European lawyer not find you a reliable US lawyer that then you meet in person (in prison) and give them legal authority to handle your financial affairs?
But yeah I understand. Once you're dealing with multiple countries every financial/legal situation becomes much much harder.
Yes, generally you can get a Power of Attorney to assign a lawyer to handle your affairs. One immediate problem with that is you need to find an attorney on contingency because you have no money to pay them a retainer. My bigger problem was that due to factors like immigration I had almost nothing in my own name, or my own name alone, and my wife and I were not seeing eye-to-eye.
That is infuriating to read about, let alone live through. Something around 80-90% of people in US jails are being held pre-trial, most of them with a cash bail option they can’t afford or like you, can’t arrange from jail. I encourage people to donate to organizations like The Bail Project or local bail funds, who are also usually strong advocates for ending cash bail and pre-trial detention policies, which function as a standard way to coerce guilty pleas and avoid trials.
https://bailproject.org/
qingcharles: there are a number of resources available to help you with “re-entry”, and after ten years that seems important. Generally the best help comes from private nonprofits, but there are a lot of official options too (https://nationalreentryresourcecenter.org/). If you’d like any help connecting to groups in your area, feel free to ask, I can probably find some.
The Bail Project people are amazing people and I love and adore everything they do. I kept in contact with them through the last couple of years of my incarceration.
I just checked out that National Re-entry web site. Oh lord, as a web designer I just died a little inside. I tried searching for information and it just gave me pages of PDF internal reports about jail management etc. Literally nothing that would get me food or say, some winter boots.
The problem I've got is that my immigration status was screwed by the incarceration and my SSN is currently invalid. I can't get any ID and I can't access any government services until it is restored. I'm supposed to be in immigration jail until my green card is reinstated, but I talked to an ICE agent and they say I am super low priority as long as I stay out of trouble they won't come after me.
Illinois just took a huge step forward by eliminating cash bail. It hasn't had all the negative impacts that detractors predicted.
I would think a libertarian-orientated place like HN would be in full support. This model should be copied across the country so people aren't unconstitutionally jailed before being convicted. Unfortunately, the discussion has been focused on politics as a Democratic legislature and Governor passed the law.
https://www.chicagotribune.com/opinion/commentary/ct-opinion...
I’ll spot you a a few months at Hetzner — I’ve no coupons will just spot you the cash. I like the company and am willing to help you out as well.
email me!