by Ken Kupstis

Created on: November 05, 2008

Entitled to a hearing? Are we, really? That is good to hear, but it doesn't automatically occur in real life.

First of all, in the example of a governmental agency about to take something away from you-your freedom-it would be great to receive a hearing. However, the government's agents in the widest and/or most common sense are police officers. Police officers have one overall goal; to make arrests. Yes, they do serve and protect society at large, but in many an officer's viewpoint, they do this by making arrests.

Some law enforcement officers, to their credit, will provide a 'hearing' of sorts by listening to your story of a situation, or by making a statement. In some cases, an initial questioing may be all they require. Just as often, you will simply be arrested and held. Some states now have "mandatory arrest" policies for certain offenses; others have "suggested arrest" policies. In these cases you can be detained without even being formally charged or Mirandized.

In the State of Florida, statutes require that you must see a judge within 24 hours of being detained. However, this is not the same as a hearing. The judge will hear the charges, listen to the District Attorney, the Defense Attorney or the Public Defender, and then set a bail amount. An actual 'hearing' does not occur until later. Having been on the receiving end of this process-fortunately, only once in 41 years-I was ignorant of what actually transpired. The judge stated a dollar amount, and the 'interview' was over. I asked a guard what would happen next, and they said I could 'bond myself out' if I had the money on my person, and I was fortunate enough that I had some credit cards in my personal effects (which were obviously sealed away from me). Without that, I could have possibly waited in jail until my court date...which would have been even more baffling, since we had no calendars or clocks!

Due to the Patriot Act, I can see 'hearings' either being steamrolled out of the legal process altogether, or becoming a formality of sorts. There are detainees at Guantanamo Bay and elsewhere who are still waiting for hearings.

It would probably behoove anyone drawn into legal proceedings in this manner to formally request a hearing...and keep requesting, to anyone who will listen...just in case they're not granted one in a timely manner. It also helps to research legal proceedings BEFORE YOU NEED TO, and know what your rights are. If and when your rights are violated, you can and should help yourself instead of waiting for someone else to come to the rescue.

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