Rachael Pierson has lost 105 days and counting, as a pretrial detainee. People who have plead guilty to those and equal charges don’t usually serve any jail time. According to the National Association of Criminal Defense Lawyers booklet; Haste and Waste in Florida’s Misdemeanor Courts, for misdemeanors the usual punishment is court cost or cost and fine. Less than 18% of those accused spend any time in jail. For those that do the average incarceration is 31 days. Looking at cases in that court I’ve seen as little as 11 days’ time served for a defendant who was also “no bond”. If they get you in jail, with no bond the choice is to plead guilty, whether you are guilty or not, or sit in jail months until trial. All the cases that I looked at none of them were held hostage until they plead to a felony. It’s a misdemeanor court and you wouldn’t expect to see that. For this unfortunate woman the state is demanding that she pleads guilty to a felony motor vehicle charge that she is not guilty of. Statistically, 90% of people will plead guilty to a misdemeanor to get out of jail. People are far less inclined to plead to a felony, regardless of the promise of getting out of jail, because a felony has far reaching permanent consequences. This woman is charged with fleeing and eluding police. She wasn’t running from the police or hiding. At the time in question, she was at a store buying cigarettes. Her lawyer can prove it with video and a statement from the clerk. Ever hear of a case of fleeing where the police weren’t right behind them, in pursuit? Me neither. The state can’t make the case in front of a jury, where they have to prove “elements” of the charge, beyond a reasonable doubt. They need her to plead guilty or they won’t get a conviction. Right to reasonable bail? Presumption of innocence? Due Process? Think this can't happen in America? Think again. It's happening right now to Rachael Pierson in Florida. I think 60 Minutes needs to investigate this. Chances are she is not the first one who has had their civil rights run over this way. More likely it’s a pattern of abuse that the responsible parties have gotten away with because the public is unaware of it. I’m going to do everything I can to change that. Shine a light on that little Florida county and see what goes on there.
Pierson has lost over $9,000 in earnings, her home is in jeopardy of foreclosure, she paid $4,000 in legal fees, hasn't seen her children or been with her loved ones, since August 18th. The taxpayers of that county have spent an estimated $8000 for her housing. (The last figures available are $70 a day in fiscal year 2007) Besides the unbelievable disregard for her civil rights, the injustice and the emotionally scarring, degrading, experiences that she has suffered, what this cost her and taxpayers looks like a lose, lose situation. The public needs to know this dirty business is going on. Demand JusticeNow for Rachael Pierson. If you know anyone, in Florida who has been held in jail “no bond” or “bond revoked” that was not on probation contact wedeservejusticenow.org