I do not own Hawaii Five-0 or any characters. No copyright infringement intended.
Notes: More surprises! And JazzieG hit the nail on the head! I feel bad for not getting back to anyone to THANK YOU for the interest in this story - so extra chapter this morning.
From what I could find, the process is done privately and the judge can be outside of it until the plea is presented in open court. I could not find what someone is expected to "do" when on probation. So thanks Wikipedia - please take much of this loosely, though I did try really hard to make it as accurate as possible. It wasn't easy but the end result seems quite probable in very special cases - and Doctor Ramirez is a special case.
It was interesting to read up on some background "politics" about behavior amongst prosecution and defense teams familiar over time. Bartering can take many forms - as I guess it could - and may reflect the real benefits of a longer term relationship. Oddly, some writings say that the right to bear arms can't be revoked in some felony cases (weird) - anyway, for the muse's use in FF, the D.A. will ask for it here.
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Chapter 16
"Mrs. Graves." The deep voice was almost soothing but held a strong sting of professionalism. This would not be the first time they had bartered; nor the last time the D.A. would lose. But it was always a give and take between them and this time, it was Anna's turn with the strength of her defense. With the call originating from the D.A.'s office, the prosecution was in doubt of a solid case against the good doctor.
'As well they should be.' Anna gloated to herself.
"Mr. Stevens." Anna nearly purred in delight when the anticipated call came through to her offices. It had certainly taken the D.A. long enough to realize the potential embarrassment around the very nature of her case. Anna Graves had won yet again and Stevens had yet to say more than her name. She remained efficient and professional due to their mutual need of each other.
"Mr. Stevens, let's cut to the chase shall we?" Their process was a private song and dance. Behind closed doors and not openly discussed until both sides agreed. Step one of their skirmish was now officially declared and Anna started high on her wish list.
"Doctor Ramirez will plead temporary insanity and guilty as charged to involuntary manslaughter. In kind, he will consent to four years probation with option for early termination after the first year. And no jail time. None. Zero jail time. Once Ramirez makes appropriate restitution for the crime, this matter will be completely expunged from his records."
There was silence at first and Anna frowned. Dean Stevens was up to something and it came as a subtle hint. "Is your office representing the Miles Jackson double homicide?" Anna instantly knew the game had changed yet again. Jackson was a hardened criminal and she was assembling the defense simultaneously with her team while defending Doctor Ramirez. The case would be long, complicated and require her full stash of in-house resources.
"Yes. We are moving ahead." She admitted cautiously. The unspoken part of their current skirmish would include their mutual need of each other's ongoing cooperation for even more dire cases than that of the doctor.
There was a brief quiet moment before Stevens spoke again. "In reviewing your current case, we believe that Ramirez had adequate provocation and was under extreme duress. He was not himself at the time of the incident."
"Yes." To her and any reasonable person, that was obvious. Stevens was admitting that the prosecution had virtually no case. He was going to give her what she wanted for Ramirez if she asked for no favors during the Miles Jackson case. It didn't necessarily mean she would lose or give up her second client's concerns. It meant that favors such as those being discussed during this bargaining session would not be as kindly received.
"The facts around this case are directly contrary to those presented in the Miles Jackson incident." To that, Anna didn't reply and she waited for Stevens to continue. "When comparing the two side by side, the defendant is as different from the other, as night is from day."
"Yes. Doctor Ramirez is cut from different cloth." Anna finally offered. "The public outcry and his character bear close witness to those facts."
"We will ask for a $10,000 fine. We reserve the right to discuss and recommend community service and adequate rehabilitation programs. We will want his weapons license permanently revoked." Stevens suddenly said. It was clear now that the D.A. was not going to argue against her terms. However, she would need to acquiesce in kind during the Jackson homicide trial. Anna Graves could do that with a clear conscience; she could do that and still represent both of her clients with a solid moral compass.
"Agreed. We will draw up papers and I suggest that you and I meet by tomorrow." Stevens approved as well and that was it. Delighted by her achievement, Anna leaned back gleefully at her desk. She would only advise the Ramirez family once the papers were officially finalized. Her next battle would be for the good doctor to work on keeping his mouth closed as he might still disagree. Plus, the judge could still disagree and reject the plea bargain, but it was not likely.
"No, not likely at all." Anna smiled and felt as if the holidays had arrived early. She was genuinely happy for her client because for him, the right thing would indeed be happening.
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At the behest of Anna Graves, the Ramirez family and especially Doctor Ramirez, kept their united mouths shut when the plea was levied to the judge. She was pleased that Mike was most critical in shaking his brother down in allowing his attorney to work on his behalf. She sensed that the doctor would listen to his brother; which he thankfully did in the end.
Then as Anna expected, the judge did not contest or debate the jointly agreed to contract between the defense and prosecution. Even though they had been told to expect it, the Ramirez family and large contingent of friends burst into happy gasps and then applause. The judge had to stop from smiling as he demanded order and then explained next steps that validated probationary mandates. Decisions were made, documents were signed and Ponch was left sitting in near shock when he was simply advised he could leave.
"That's it?" Ponch asked Anna as she stood over him with her arms folded. They were in a private holding room together and the rest of his family was waiting for him in the courthouse lobby. He was trembling and was acting as if his legs wouldn't quite be able to hold him up should he try to stand.
"You want more?" She laughed as she pulled him to his feet and off balance, he did sway for a moment. He was a big man, but seemed smaller in his exhaustion and suddenly much older. Anna liked him and couldn't stop herself from asking a more personal question. "Have you ever considered retirement?"
Her question was one of gentle kindness even though the man seemed to be married to medicine. She wasn't sure what Tripler might decide with the status of their own suspension, but things would work out. For this man, they deserved to work out. But he didn't answer her probably because his head was still swimming by the sudden changes.
"What?" He asked, but he was already worlds away and thinking about Ellen, Mike and Rebecca. Anna smiled as she propelled him towards the door and out to his family.
"Never mind. Go home and contact me at any time of day or night if you need help or have questions." That he did hear and he turned abruptly with tears in his eyes. His hug was unexpected and out of character for those not in his family circle, and Anna gasped in surprise before returning the embrace.
Unable to stop smiling, Anna escorted him out to the lobby. They were all there waiting for him; even little Rebecca who was entirely confused and still upset because she didn't understand what was happening. Friends from Tripler were nearby, but closest and standing with the family were the Five-0 team members. Even weeks later, the Detective carried an elusive fatigue though Anna heard he was healing well.
Anna watched as Mike Ramirez squatted down next to his daughter and pointed towards his brother. He was also recovering from a grievous injury, and Anna noticed the subtle wince around the slow, deliberate movement. The entire family had indeed, suffered quite enough.
"There!" Becca burst into tears when she saw Ponch appear in the far doorway. She saw Mike's mouth move and easily read "Well, go get him Sprite!"
Ponch was already shaking off his shock and getting ready to absorb the impact of little Rebecca as she catapulted herself into his arms. Ellen was crying as her brother-in-law hugged her to his side. Commander McGarrett had put a similar friendly arm over his partner's shoulder as the two remaining team members communicated their thanks to her through their happy expressions.
Her job done, Anna took a long moment to soak in the scene because the true joy on each face was something to behold. Becca was wrapped around her uncle as he walked towards his family. All she understood was that he could come home for good.
Behind a pillar, she noticed Dean Stevens watching closely. For once, the severity of the talented District Attorney had softened without realizing he was being watched by his peer.
When he felt her eyes on him, to his credit, his pleased expression didn't change but his nod indicated the future unspoken terms of their next trial date. She was additionally content to know that the D.A. felt equally at peace with this special outcome. As he now looked meaningfully at her, Anna pursed her lips around her never-ending grin and she folded her arms to signal agreement.
~ to be continued ~
