The second case involves Joe Alvarez. Please check the link below for Joe's story. Two weeks, Joe would have been able to move on with his life. But an offer to resolve case when it was previously scheduled for a preliminary hearing on March 17 was withdrawn and the District Attorney decided to arraign him today on information for a jury trial. Alvarez had waived his right to a preliminary hearing that day before Judge Cissna thinking he had time to consider an offer.
Today he was back in front of Judge John Feeney, the courtroom where his case has been heard all along. Ms. Holmquist told the court that "the People had withdrawn the offer they had made" for probation in Joe's felony case. He also has a misdemeanor. These are old cases from 2013.
DDA Roger Rees was not in court on March 17, two of his colleagues were but he was representing the People today. There was lively debate between Ms. Holmquist and Mr. Rees about whose offer it was and whether it was only good for that day or until today. The transcript was not clear, said Mr. Rees. Ms. Holmquist argued that had she known that the offer was only good for that day, she would have told her client to accept it and he would not be facing detriment. After Ms. Holmquist very passionately advocated for her client, Judge Feeney read from the transcript and he made the tentative decision to accept a conditional plea from Joe. After the pre-sentencing report, he can change his mind about probation and sentence Joe to prison instead.
Joe plead guilty to 1 Count of manufacturing concentrated cannabis and vehicle theft in the second case. The difference between prison and probation for Joe is the difference between successfully completing schooling, maintaining a job, and being a productive member of society versus being thrown back in the system.
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johnchiv.blogspot.com/2015/03/two-men-shed-light-on-lost-humboldt.htmlTwo men shed light on the lost Humboldt generation; the back story beyond crime headlines; they thank their Public Defender for a glimmer of hope
Joe
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