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Judge David Fleischer

👤 Person
195 total appearances

Appearances Over Time

Podcast Appearances

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

It takes three hours, right? It's absolutely just enormous. So there's a lot of people here, what, 3 million, 4 million people. So there's a lot of things going on at all times. One of the biggest things that we do is probable cause. So initially, someone gets arrested. They have their first court date.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

That's when we, a lot of times, will do probable cause, where we determine if there's enough to go forward. We, as judges, we call balls and strikes. To be fair, you don't lean to one side. You don't lean to the other side. We are given a set of circumstances. We look at what the law is and we go forward from there. In our experience here, we've had great ADAs. They're not out for blood.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

That's when we, a lot of times, will do probable cause, where we determine if there's enough to go forward. We, as judges, we call balls and strikes. To be fair, you don't lean to one side. You don't lean to the other side. We are given a set of circumstances. We look at what the law is and we go forward from there. In our experience here, we've had great ADAs. They're not out for blood.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

That's when we, a lot of times, will do probable cause, where we determine if there's enough to go forward. We, as judges, we call balls and strikes. To be fair, you don't lean to one side. You don't lean to the other side. We are given a set of circumstances. We look at what the law is and we go forward from there. In our experience here, we've had great ADAs. They're not out for blood.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

It's not like that. Now, sometimes it may seem like that, but understand they're advocating their position and reasonable minds can differ. How a defense lawyer may see something, it not may necessarily as someone else see something. And so that's why we kind of like horse blinders, take a middle of the road approach,

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

It's not like that. Now, sometimes it may seem like that, but understand they're advocating their position and reasonable minds can differ. How a defense lawyer may see something, it not may necessarily as someone else see something. And so that's why we kind of like horse blinders, take a middle of the road approach,

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

It's not like that. Now, sometimes it may seem like that, but understand they're advocating their position and reasonable minds can differ. How a defense lawyer may see something, it not may necessarily as someone else see something. And so that's why we kind of like horse blinders, take a middle of the road approach,

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

the common sense result and look whether there's probable cause to go forward or not. Sometimes there is, sometimes there's not. But one of the most important factors at play here that I don't know if you guys know about it, but we, along with our brethren here, in 2018 really changed the landscape of criminal justice because of bail reform.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

the common sense result and look whether there's probable cause to go forward or not. Sometimes there is, sometimes there's not. But one of the most important factors at play here that I don't know if you guys know about it, but we, along with our brethren here, in 2018 really changed the landscape of criminal justice because of bail reform.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

the common sense result and look whether there's probable cause to go forward or not. Sometimes there is, sometimes there's not. But one of the most important factors at play here that I don't know if you guys know about it, but we, along with our brethren here, in 2018 really changed the landscape of criminal justice because of bail reform.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

I don't know if you're familiar with bail reform, but what that is is that back in the old days and how it's been since the beginning of time, if you got arrested, you went to jail. And the only way you got out of jail is if you bonded out. Not everybody has that kind of money. So in in 16, a lady filed a lawsuit, a federal lawsuit, because, hey, man, it's not fair what's going on.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

I don't know if you're familiar with bail reform, but what that is is that back in the old days and how it's been since the beginning of time, if you got arrested, you went to jail. And the only way you got out of jail is if you bonded out. Not everybody has that kind of money. So in in 16, a lady filed a lawsuit, a federal lawsuit, because, hey, man, it's not fair what's going on.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

I don't know if you're familiar with bail reform, but what that is is that back in the old days and how it's been since the beginning of time, if you got arrested, you went to jail. And the only way you got out of jail is if you bonded out. Not everybody has that kind of money. So in in 16, a lady filed a lawsuit, a federal lawsuit, because, hey, man, it's not fair what's going on.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

So what happened was a lady gets arrested for a suspended license case. She ends up going to jail. Her bond gets set, if I remember correctly, twenty five hundred dollars, which is you would pay 10 percent traditionally, which is two hundred and fifty dollars. You get out and you go fight the case. Not everybody has that kind of money.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

So what happened was a lady gets arrested for a suspended license case. She ends up going to jail. Her bond gets set, if I remember correctly, twenty five hundred dollars, which is you would pay 10 percent traditionally, which is two hundred and fifty dollars. You get out and you go fight the case. Not everybody has that kind of money.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

So what happened was a lady gets arrested for a suspended license case. She ends up going to jail. Her bond gets set, if I remember correctly, twenty five hundred dollars, which is you would pay 10 percent traditionally, which is two hundred and fifty dollars. You get out and you go fight the case. Not everybody has that kind of money.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

So what they would do is they would sit in jail, they would plead guilty, and they would sit there just to get out. They would plead guilty, whether you know you're innocent or not. Even if you can't make that, they charge you with an assault or DWI or whatever it may be. Who's going to sit there in their right mind for four months waiting for evidence to come in? No one's going to do that.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

So what they would do is they would sit in jail, they would plead guilty, and they would sit there just to get out. They would plead guilty, whether you know you're innocent or not. Even if you can't make that, they charge you with an assault or DWI or whatever it may be. Who's going to sit there in their right mind for four months waiting for evidence to come in? No one's going to do that.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

So what they would do is they would sit in jail, they would plead guilty, and they would sit there just to get out. They would plead guilty, whether you know you're innocent or not. Even if you can't make that, they charge you with an assault or DWI or whatever it may be. Who's going to sit there in their right mind for four months waiting for evidence to come in? No one's going to do that.

Tony Mantor: Why Not Me ?
Judge David Fleisher: When Judges Choose Compassion Over Punishment?

It's easier to plead guilty and get out. Who cares about the consequences?