Dear Attorney General, State of Nevada,
In August of this year, while driving with my father (who was visiting from Hawaii), we were pulled over by a Douglas County Sheriff's Office deputy. Very shortly thereafter, we learned that no traffic violation had occurred and that the passenger (me) was to get out of the vehicle. I was subsequently arrested and taken to Douglas County Jail and processed.
I later learned that I was arrested for writing a check that was returned for non-sufficient funds. This check was written to the Douglas County Judicial System by myself to pay a $130 fine after I had received a speeding ticket in Douglas County.
I need to make the reader aware of three items. Firstly, that I have until that point, never been arrested. Secondly, the non-sufficient funds issue with this check was unintentional. Thirdly, I, like many have recently been experiencing moderate to severe financial difficulties.
Since I had already been humiliated in front of my visiting father, and since I was experiencing the aforementioned financial difficulties, I made the decision that I would refuse my father's efforts to pay the now $405 bail. That I would instead, wait until the upcoming Monday when I thought that I would go before a judge. I fully assumed (wrongly) that "come Monday" I would be released for time served or on my own recognizance pending a hearing (since I had been arrested on Friday afternoon and since two days of incarceration would have transpired).
Monday morning I went to court and was shared a few moments with Justice Of the Peace Paul Gilbert. When asked if I wanted an attorney, I replied yes, if he thought I should have one. Gilbert replied that I would have to pay for an attorney myself. I asked if I could have a court appointed attorney since I was currently indigent. At this point his affect seemed to change to one of hostility and he said (I paraphrase) "yes, we will appoint an attorney and you can come back here in two or three days after you have time to speak with him." I began to surmise that I was not being released. That there would be no own recognizance release or consideration of "time served."
I asked him if that means I am going back to jail? To which he replied yes. I mentioned that I had already been in jail. At this point, my father (who had missed his flight and unaware to myself was in the court audience) spoke up and offered to pay my bail. I was bailed and released sometime later.
Subsequent to that I went before Gilbert with my court appointed attorney and apparently forfeited the bail my father had paid.
Complaint: I feel this is a most disproportional penalty for the 'offense'. There was no criminal intent. I accept full responsibility for honoring the check that I wrote. I never intended otherwise! Apparently the court sent two letters that were undeliverable as they were sent to an old address and my current address that does not have mail service.
The taking of my liberty for an unintentional $130 non-sufficient funds is egregious. Completely incomprehensible. Completely disproportionate. If Douglas County Judicial system and sheriff's office can have a deputy stake out my house (sit above my house in an effort to physically arrest me which they did, I waved at him as we left the house. He told me he had been waiting and that he had already tried once to make contact with me at the house, but my father and I were not there, they could certainly have had an officer of the court come and deliver a court summons.
Then, once before Gilbert, his actions seem to indicate that he was most comfortable returning me to jail for an additional two to three days (four to five days incarceration for unintentional 130 nsf issue. That is insane).
• I wish the reader to know that I have lived here for seven years.
• That I have had a business here for six years.
• That I am building a home here.
• Did I mention that I have never been arrested before?
• Did I mention that this was unintentional? That the District attorney's office did not file charges?
• Did I mention that this is a disproportionate penalty for an unintentional/civil offense?
• Did I mention that JOP Gilbert did not allocate any monetary value/consideration for my time in jail towards the $405 bail that was paid.
This experience has taken a hard working, law-abiding (excepting an occasional speed violation) contributing member of the community (one who has always supported the legal system). One who has always waved to deputies, one who has reported crimes, one who has always advocated adherence to the law, and in one fell swoop you have changed all of that.
I am now filled with contempt for the legal system. No longer do wave to deputies. No longer do I say and do supportive things on the behalf of the legal system.
To add insult to injury, I was stopped for a speed violation on Toller lane on 2:30 a.m. Aug. 24 and advised that I was traveling 50 in a 35. It was so incredulous. I was putting along, in no hurry, just scootin along and this deputy claims I was going 50. Then all the questions, "Why are you out this late?" (store) "What did you buy? (nasal spray), etc. please note that I don't drink, smoke, gamble, do drugs, etc. (which I mentioned to the deputy. Really, it only takes moments to ascertain if a driver is possibly under the influence that would warrant further questioning. If indeed that was the intent of the deputy).
By the way, I really want to compliment the deputies in the field and in the jail on the whole tough guy thing they got goin' on! Yeah, you guys had a real bad man on your hands. Did I mention that this was for a non-sufficient funds issue and that I have never been arrested?
So let's see, what have you have done to a benign, contributing member of your community? We'll summarize.
• You have filled me with contempt for the legal system in Douglas County.
• You have embarrassed me in front of my father.
• You have embarrassed me in front of my neighbors (the deputy was sitting at an angle in my neighbor's driveway observing my house. Not to mention the actual street arrest!).
• I will go out of my way not to spend another dollar in Douglas County.
• I am likely to finish my home and rent it as I look for another place to live.
• And of course, I will move my business as well.
And so that I am not only complaining without offering a solution: To the Douglas County Judicial system, I suggest that you purchase check cashing software and related point of sale hardware so that no other member of the community (which you are sworn to protect and serve) must experience such a horrific experience. Enclosed is $20 I am donating towards purchase of same.
Further, I ask that the attorney general of the state of Nevada act to have this arrest expunged from my previously clean record.
I would have loved to have submitted this anonymously so as to minimize further persecution. I will however sign this, so that this complaint is taken seriously.
Craig M. Black is a Minden chiropractor.
