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COVER STORY: Magistrate Court Save Email Print
Posted: 9:06 AM May 20, 2008
Last Updated: 9:14 AM May 20, 2008
Reporter: Tim Irr
Email Address: news@wsaz.com

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HUNTINGTON, W.Va (WSAZ)--Police and people living in drug infested neighborhoods in Huntington often complain of drug dealers doing little, if any time in jail.

While some of the big time players, who get support from kingpins in other states, are quickly bailed out-- even with a high bond.

But others, especially non-violent offenders, have much lower bond that's usually easy to cover.

There are no hard and fast rules. It really varies from case to case.

In our Cover Story, how your vote for magistrate can have a big impact on the local drug trade.

Robin Rogers and her friends couldn't have been happier when police swept through their neighborhood along 8th Avenue and 5th Street in Huntington, rounding up people they believe are heavily into drugs. Robin says it's been a problem since she moved in.

After they're arrested and charged with whatever drug offense they may face, a person is taken to the courthouse, where magistrates say they're seeing more and more of these cases day after day and year after year in Cabell County.

Former Huntington police officer Darrell Black is generally regarded, especially by police officers, as one of the tougher magistrates in the county. He says there's a reason why he often sets higher bonds for crimes like car theft and small scale robberies.

As local officers gather for events like last week's police memorial service, they're reminded how a difficult and dangerous job can be even worse when people arrested in busts like this are sometimes allowed to sign themselves out on bond with little or no cash.

The rules governing magistrate court are set by state lawmakers. And those rules give a lot of leeway to individual magistrates, requiring them to carefully examine each case and set appropriate bond.

What one magistrate in West Virginia sees as reasonable may be completely different than the magistrate in the next office.

Magistrates say there's a big difference between drug dealers and simple drug users, especially first time offenders.

So when neighbors watch police haul away a couple of dozen people, and some of them are back on the street later that day, they may very well be users -- not dealers.

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Posted by: Layla & Charlie on May 20, 2008 at 10:12 PM
That is why the laws need to be cut and dried. These magistrates and judges are letting people out that they know or who are paying them. If the law MADE them set a higher bail their friends and bribers would be out of luck. You see who won the primary......the same old people who have been letting them out. Now who do you think voted for them??? Drug dealers vote too.....apparently.

Posted by: resident on May 20, 2008 at 03:50 PM
What makes the difference? It is still a crime and nine times out of ten a drug user is going to rob the neighbor in order to get access to the drugs. So in my book give them a high bond too!

Posted by: Oh Whatever! on May 20, 2008 at 01:32 PM
Oh WHATEVER! They're simply covering their backsides with this blah, blah, BLAH! They're useless as well as WV laws AND American laws for that matter. Magistrates and judges all over the country are letting "non-violent" criminals back out on the street EARLY or not putting them in jail to begin with...WHY? "overcrowding". Well, build more jails! Don't put ANY criminals back out on the streets b/c if they WEREN'T "violent" to begin with, studies show they will become violent once they're out. We have enough out here on the streets now without MORE. Drug users do need help BUT these magistrates/judges are NOT just letting drug USERS out but the SELLERS as well along with rapists, murderers, thieves/robbers, child molestors & every other dreg of society so can the rhetoric "magistrates". Besides, how many of you are up for re-election in Nov? Alvie Qualls is so old he should have been out LONG ago Start working for US, not the criminals

Posted by: Steve on May 20, 2008 at 11:36 AM
It is not only the people in"drug infested neighborhoods"that are concerned with this problem. Drugs and Crime affect the entire community and everyone who is in it. For the MOST part, bailing out is not the problem. It lies with the judges who continually hand down ineffective PUNISHMENT to the criminals. THEY are the ones with part ownership in the problems we have with ALL types of crime. Unless these judges begin handing down punishments that give criminals something to remember in the way of'consequence of actions', you will continue to see them"day after day and year after year." Incarceration was NEVER designed for rehabilitation in the sense that they have made it to be. Any/all rehabilitation from an inmate was based solely on having learned that jail was a place they did NOT want to revisit. The odds of a person coming out of prison transformed into a good person are slim to none. What we need is one who has learned hard work,respect and does NOT want to go back!

Posted by: JC on May 20, 2008 at 10:50 AM
Users...dealers...what's the difference. Seems to me if you are a user, you're the one that is going to whacked out on something and be more apt to hurt someone. I don't see why there should be an understanding that users are released more than dealers. They are both likely to become "informants" for police, but the users are the ones that are going to either have too many drugs in their systems and flip out on people, or not be able to get enough drugs and flip out on someone. Either way, its bad.

Posted by: Anonymous on May 20, 2008 at 10:01 AM
If they were afraid in their homes, if they were afraid to let their children go out to play or even sleep in their own bedroom, their make the bond higher.

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