How do you plead?

I have never been asked that question before.

Yesterday, I had the opportunity to sit in on a court session. It was a first for me. I've always wanted to...like from the Juror's box, NOT from the defendant's table, not even from the plaintiff's table, and definitely NOT from the judge's bench. Yesterday, I was mostly just a spectator.

Yesterday's docket included 13 different cases, all initial hearings. Those charged came in all shapes and sizes, were diverse in age, and were all male except one. Four of them were wearing orange as they were currently residing in the local jail/prison. Most of the charges were misdemeanors, but there were a couple of felony counts in there as well.

I was expecting to hear the judge ask each individual how he or she wanted to plead. But that didn't happen. I also thought that each individual would receive his or her sentence. That didn't happen either. The judge explained that the whole intent of this hearing was to ensure that each person understood what they were being charged with and the ramifications of pleading guilty to that charge. He described the difference between a bench hearing and a trial hearing. (Everyone was getting a bench hearing unless they specifically requested a jury hearing in writing.) He described all circumstances which would revoke each person's bail. He informed us when the actual 'how do you plead' hearings were to be scheduled. He also explained that a "Not Guilty" plea would be entered for everyone, unless they chose to change that.

Finally, he said that if anyone was interested in a plea bargain, they were to speak with the prosecutor prior to the next hearing...which was scheduled for five weeks later. Apparently Indiana has a 'diversion program', which falls into the plea bargain option. To qualify, you have to be in good standing with the courts, including no additional outstanding charges against you. You have to pay the associated fee, which is $300 or so. Then you have to agree to stay completely out of trouble for a specified amount of time. I believe it's six months. If you happen to get into trouble during that time frame, you'll be back in court, this time facing penalties for BOTH charges...the old one and the new one.

I'm sure you're wondering why I am telling you all this. On July 29th, a teenager that I happen to know really well was busted for Consumption of Alcohol by a Minor on School Property. I didn't hear about it until early September. Yesterday was the initial hearing. And that teenager I mentioned before has opted to complete the paperwork for the diversion program

Now let's see if he can stay out of trouble for the next six months.