to leave work, the poor kid.â
âIs there a reason you didnât call a lawyer?â
âThe cop said we donât need a lawyer, he said nobody gets a lawyer for juvie court.â
Bennie knew that had to be wrong. âWhat was the copâs name, do you remember?â
âRemember? I know him. Wright Township police only have a handful oâ cops. It was Johnny Manco, he goes to our church. So then he took us to the courthouse door. We went to a table and they gave us this sheet and the lady said if we signed it, and pled guilty, it would go easier for Jason.â
âLet me see that.â Bennie accepted the paper when Matthew slid it toward her and the top line read, W AIVER OF R IGHT TO C OUNSEL . Underneath that it read:
A. I understand the rights listed above. Check one: yes, no.
B. I wish to proceed with the intake interview without a lawyer. Check one: yes, no.
I will have my own lawyer. Check one: yes, no.
I cannot afford a lawyer and desire a public defender to represent me. Check one: yes, no.
Bennie noted that on Part A, the âyesâ box had been checked in pen, and on Part B, the first sentence had been checked yes, I wish to proceed with the intake interview without a lawyer. âWhatâs an intake interview?â
âI donât know. There was a lady at the back of the room, sheâs a probation officer, I think, just sitting at a table in the back of the courtroom. You tell her what happened, and they just shuffle you into the courtroom.â
âWhy did you sign this?â
âShe said the same thing the cop did, âdonât make a big deal of it, that itâll go a lot easier for him if he doesnât have a lawyer.ââ Matthew paused, stricken. âI let him down. I never thought this could happen.â
Bennieâs heart went out to him. âDonât blame yourself. Itâs not your fault.â
âI shouldâve known better.â
âIf you knew better, you wouldnât need a lawyer. And Iâd be out of business.â
Matthew managed a smile, and Bennie returned her attention to the form, which had a signature line at the bottom, after: Acknowledgment: I acknowledge the above-named juvenile is my child, and I hereby waive his right to counsel. After that was Matthewâs signature.
âDid the judge ask you or Jason any questions about having a lawyer?â
âNo.â
âAlso, you signed this waiver form, but I donât believe that you can waive Jasonâs rights to counsel.â
âI figured itâs like a permission slip.â
âLegally, itâs not the same thing. He has constitutional rights.â Bennie decided it was time for the short course in juvenile justice. âThereâs a landmark case, In Re Gault , decided by the Supreme Court in the sixties, and it guarantees the same constitutional rights to juveniles that adults have. Any waiver of a constitutional right has to be knowing and intelligent. His wasnât.â Bennie set the sheet of paper aside. âOkay, you said you went to the public defender. What happened?â
âThey told me I make too much money.â Matthew snorted. âFirst time I ever heard that .â
âBut itâs not your income level thatâs relevant, itâs Jasonâs, and heâs indigent.â Bennie didnât get it. âTell me what the judge said, during the adjudication.â
âThere was no âjudication,â the whole thing didnât take but three minutes! The judge yelled at him, youâre going right to jail, then the officers came over and they put him in shackles!â
âAround his ankles?â Bennie asked, shocked.
âYes, so he couldnât even walk, and they took him to River Street.â
âWhatâs River Street?â
âItâs juvie. Heâs going to be there ninety days .â
âThree months?â Bennie
Kristina Jones, Celeste Jones, Juliana Buhring