“Nobody cared … everybody is just trying to get these cases moving”
Excerpt from Ruben, a complaining witness who was in court to modify a restraining order at the Hall of Justice in San Jose in winter 2022
Ruben: […] we had a lot of contact even with the restraining order in place. Um, it was supposed to be a no contact order, but he still lived with me, so I just needed to get that modification. So, when he, uh, eventually got arrested again and had to face his prior charges, I had to now go through the process of getting that modification so that we could legally continue talking without him getting in trouble.
Interviewer: Were you afraid that um he would get in trouble if you didn’t get the modification, like the court would find out that you guys were in contact?
Ruben: Yes. But I’ve come to know that these agencies don’t really communicate with each other.
Interviewer: (Laughs)
Ruben: Um, yeah. (Laughs). Is that funny?
Interviewer: Yeah.
Ruben: I mean you’d think, right? But they don’t, like. Yes—and like all of our phone calls are recorded since the time that he’s been in jail, um, but … like we, we went months without, with the restraining order and, like, nobody cared (laughs).
Interviewer: Mm.
Ruben: Like nobody. The D.A. was never contacted. I actually went to go visit him too, in jail. Um, right now I can’t because he’s, uh, like they have like a whole quarantine lock down at the whole jail. But um I’ve gone to see him. My name’s on the record. My name’s in the books. And nobody contacts anybody about it, so.
Interviewer: Mm. So you would say that like your biggest realization for understanding that the agencies don’t communicate with each other is the fact that like your visits and calls are on record and yet like no consequences have come about from it?
Ruben: Exactly. I think that I would have to initiate the process of being like, “Look. He contacted me. He called me this many times.” Um.
Interviewer: Yeah.
Ruben: And that’s when I would believe that there’s gonna be an issue. But otherwise, I don’t think the agencies care enough (laughs) to, to look into it. I think they probably have a lot more things to deal with.
Interviewer: Mmhm. Um, when you said that like they probably have a lot more things to deal with, is that something that you’ve also observed in visiting the court? Um.
Ruben: Yeah. I mean, just in general. Um. Public defenders, I know they, they kind of just see your case when it’s your date. Um. Try to do the best they can … to get you a deal. I know they, they, they’re friendly with the district attorney, um, and everybody is just trying to get these cases moving. District attorney wants to get convictions. A public defender just wants to get you a, a, a solid deal that people would be happy with. And yeah, I think there’s probably just such a massive volume of cases that people don’t have the, the time to really comb through everything and uh—or attorneys at least—you know, to comb through everything and really find out what’s, what’s actually going on.
