03-02-2007, 04:58 PM
Palm Beach County judge says police 'clogging' system with 'trivial' arrests
By Jerome Burdi
South Florida Sun-Sentinel
March 2, 2007
The administrative judge of the criminal division of the Palm Beach County Circuit Court told police chiefs on Thursday their departments' quickness to make felony arrests have wasted court time and put people in jail for the night who didn't need to be there.
Judge Edward Garrison said police should use discretion in arrests and file charges with the state attorney first to see if the non-violent offense will stand up in felony court.
"We're clogging up the jail processing system," Garrison said. "We have so many trivial cases being charged with a felony that it is no big deal. In the old days when you were charged with a felony offense there was a good possibility of going to jail."
Of 13,000 felony arrests last year, about 8,000 to 10,000 made it to court, according to the State Attorney's Office. Of those cases, only half end up with jail sentences, Garrison said. He said that years ago if a police officer found a small amount of marijuana on someone, the drug would be trashed and the person sent home with a stern warning.
"You don't have to make every arrest you can," he said. "There may be a better alternative."
Garrison said he felt this way for years as more and more minor felonies appeared before him. Even though judges often complain behind closed doors, he said, he spoke up now publicly because it is his last term in office.
"I don't need your vote," he said.
The police chiefs, federal and state officials agreed to form a subcommittee, headed by State Attorney Barry Krischer, to look at the issue.
Police said there is great pressure to enforce quality-of-life crimes, such as prostitution and drug offenses.
"It's our job to enforce the law," Juno Beach Assistant Chief Robert Daniels said. "We can't pick and choose which ones we're going to enforce."
It's not all about going to jail the first time, Krischer said. It's about building a criminal history that will make it easier for a repeat criminal go to jail, he said.
Krischer and Public Defender Carey Haughwout said the problem lies with the state Legislature. Every year it comes out with more felonies that were once misdemeanors, even though misdemeanors move through the courts faster.
"I don't know we're doing the right thing," said state Rep. Richard Machek, D-Delray Beach. "Bills are passed a lot of times. They sound good and make you look good but we end up putting the heavy burden on our judicial system that we can't afford to pay for."
Garrison said crimes like felony driving with a suspended license or attempted purchase of cocaine should not end up in his court.
"Police officers have discretion as do state attorneys," he said. "There's nothing automatic about all the statutes the Legislature passes."
But West Palm Beach Police Chief Delsa Bush countered, "Discretion can easily be seen as discrimination."Fort Pierce-based State Attorney Bruce Colton, president of the Florida Prosecuting Attorneys Association, said the law is the law.
"If the Legislature has said certain actions regarding reckless driving are felonies then I think police should make the arrest on a felony," Colton said.
The only way to change that is if the laws were changed, he said. State Sen. Dave Aronberg, D-Greenacres, said the subcommittee would be crucial for guidance.
"I don't know of any that should be switched from a felony to a misdemeanor," Aronberg said. "I need to hear specifics."
Jerome Burdi can be reached at jjburdi@sun-sentinel.com or 561-243-6531.
By Jerome Burdi
South Florida Sun-Sentinel
March 2, 2007
The administrative judge of the criminal division of the Palm Beach County Circuit Court told police chiefs on Thursday their departments' quickness to make felony arrests have wasted court time and put people in jail for the night who didn't need to be there.
Judge Edward Garrison said police should use discretion in arrests and file charges with the state attorney first to see if the non-violent offense will stand up in felony court.
"We're clogging up the jail processing system," Garrison said. "We have so many trivial cases being charged with a felony that it is no big deal. In the old days when you were charged with a felony offense there was a good possibility of going to jail."
Of 13,000 felony arrests last year, about 8,000 to 10,000 made it to court, according to the State Attorney's Office. Of those cases, only half end up with jail sentences, Garrison said. He said that years ago if a police officer found a small amount of marijuana on someone, the drug would be trashed and the person sent home with a stern warning.
"You don't have to make every arrest you can," he said. "There may be a better alternative."
Garrison said he felt this way for years as more and more minor felonies appeared before him. Even though judges often complain behind closed doors, he said, he spoke up now publicly because it is his last term in office.
"I don't need your vote," he said.
The police chiefs, federal and state officials agreed to form a subcommittee, headed by State Attorney Barry Krischer, to look at the issue.
Police said there is great pressure to enforce quality-of-life crimes, such as prostitution and drug offenses.
"It's our job to enforce the law," Juno Beach Assistant Chief Robert Daniels said. "We can't pick and choose which ones we're going to enforce."
It's not all about going to jail the first time, Krischer said. It's about building a criminal history that will make it easier for a repeat criminal go to jail, he said.
Krischer and Public Defender Carey Haughwout said the problem lies with the state Legislature. Every year it comes out with more felonies that were once misdemeanors, even though misdemeanors move through the courts faster.
"I don't know we're doing the right thing," said state Rep. Richard Machek, D-Delray Beach. "Bills are passed a lot of times. They sound good and make you look good but we end up putting the heavy burden on our judicial system that we can't afford to pay for."
Garrison said crimes like felony driving with a suspended license or attempted purchase of cocaine should not end up in his court.
"Police officers have discretion as do state attorneys," he said. "There's nothing automatic about all the statutes the Legislature passes."
But West Palm Beach Police Chief Delsa Bush countered, "Discretion can easily be seen as discrimination."Fort Pierce-based State Attorney Bruce Colton, president of the Florida Prosecuting Attorneys Association, said the law is the law.
"If the Legislature has said certain actions regarding reckless driving are felonies then I think police should make the arrest on a felony," Colton said.
The only way to change that is if the laws were changed, he said. State Sen. Dave Aronberg, D-Greenacres, said the subcommittee would be crucial for guidance.
"I don't know of any that should be switched from a felony to a misdemeanor," Aronberg said. "I need to hear specifics."
Jerome Burdi can be reached at jjburdi@sun-sentinel.com or 561-243-6531.