Nov 28, 2007 1:03 am US/Eastern
Shaking Off Community Service, Is It Legal?
MIAMI (CBS4) ―
It's a common criticism of our criminal justice system: One type of court for "regular folks" and another for the rich and famous. The CBS4 I-Team uncovered a way some folks get out of their punishment by just opening a checkbook.
Arley Rivera spends most weekends these days working.
"Sometimes I do four or five hours a day," said Rivera.
But this work isn't exactly volunteer labor.
Rivera puts together hygiene supplies because he has to. It's part of 100-hours community service ordered by a court.
" If I made a mistake, I got to pay for my mistake," Rivera told CBS4's Stephen Stock.
Jessie Saavedra has completed 70 hours of 150 hours the court ordered him of community service at the Miami Rescue Mission.
"I'm planning on after I do my community services hours still give back and come when I have a chance," said Saavedra.
Community service is a common tool used in combination with jail time and financial restitution by judges throughout Florida.
Dr. Gordon Bazemore researches and teaches criminal justice at Florida Atlantic University. He's also a nationally recognized expert on community service.
" Community service is important because it gives an offender a chance to pay back the community," said Bazemore.
But the CBS4 I-Team discovered that not everyone charged, convicted and sentenced to community service hours actually does the time.
Instead they pay their way out, buy the hours, and skip the actual work.
Sidney Ponson was stopped by Florida's Highway Patrol for DUI and speeding on Florida's Turnpike in Broward County on January 21, 2005.
This is the same Sidney Ponson who pitched for the Minnesota Twins and Baltimore Orioles. Ponson pleaded no contest to DUI and was sentenced to 9 months probation and 50 hours community service.
But instead of serving the homeless or picking up trash or building habitat homes, Ponson did not do community service.
Instead he bought out 50 of the hours paying 10 dollars an hour or 500 dollars not to work community service.
Former Miami Dolphin wide receiver Oronde Gadsden was arrested for DUI driving with a suspended license and violating traffic control markers on April 19, 2004, by Pembroke Pines police.
Despite those and many other traffic tickets in his court file, Gadsden eventually was allowed to plead no contest to DUI and had most of the other charges dropped. He got six months probation and 50 hours community service.
But, like Sidney Ponson, Oronde Gadsden bought his way out of those community service hours. In his case, he paid his way out of half of them - 25 hours The cost was 10 dollars an hour or 250 dollars.
Other high profile defendants around the state did the same thing.
Tampa Bay Buccaneers cornerback Torrie Cox bought out of 22 hours of community service.
Orlando Predators coach Jay Gruden paid his way out of 100 community service hours.
The cost each time was 10 dollars an hour.
"I think there's this sense that these people are privileged and these people are going to hire pretty good lawyers," said Bazemore. "It's all legal"
That's right, Florida law actually allows defendants to buy out of community service hours on first time DUI offenses.
So, anyone can do it--that's if you know about the law, have a good lawyer and have the money to skip the work.
Does the idea of buying off community service hours somehow defeat the purpose of community service?
"Absolutely it does defeat it," said Maimi-Dade State Attorney Katherine Fernandez Rundle. "And so to say that someone that has the money can buy off 50 hours of community service is a horrible message to the majority of people in the community in which we serve."
"I think it is a wonderful option for judges to utilize under the appropriate circumstances," said the Honorable Judge Samuel Slom.
The Chief Administrative judge for Miami-Dade County Court Criminal Division.
"And I know sometimes the public when they hear they say "Oh, that's just a windfall for the wealthy to avoid part of their sentence. And that's a natural impulse for people to have," said Slom."
He also said that he believes there is a compelling argument on the other side, "allowing people to buy out their community service when they can do so, because that is a financial benefit to both the local community and our state government."
Again, these athletes did nothing wrong by buying their way out of community service.
It's all legal. This is a law that divides not only those who do the time and those who don't.
It also divides many lawyers and judges throughout this state.
In several interviews, the I-Team discovered a variety of views about whether this is a good law or not
Some lawmakers indicate they may try to change the law and make it harder to buy your way out of community service.
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