I still can't believe I had been so stupid. As part of my fraternity initiation, my task was to break into the Alpha Omega Psi sorority house, take some pictures of the girls naked in the shower and then return to the frat house by morning. Sadly, not only did I not get any pictures, and therefore was not allowed to join the frat, but I was caught and charged with breaking and entering. Typically, when my so called "brothers" heard of my fate, they quickly disassociated themselves from me and denied everything so that now here I was in court possibly facing two years in jail. Yep, things were fucked up without a doubt!
My heart was already pumping fast but grew even faster when Darla, the head of Alpha Omega Psi, walked past me while I sat in the defendants chair and whispered in my ear, "I bet you are going to be REALLY POPULAR in jail FUCKER". I couldn't believe the intense glint of evil in her eye as she sat down in the front row of the gallery and continued to bore her angry eyes into me.
Hearing this as a reminder of my soon to be fate, I quickly turned to my court appointed lawyer and began to beg him for new options. "Listen Sam" I pleaded, "I can't go to jail. You know what they will do to me in there!!" My eyes began to well with tears as I envisaged my virgin ass being violated by some big bruiser with a taste for twenty-year-old white boys.
"Sam, don't worry, I think we may be in luck. This judge was a fraternity brother of mine, so he understands the deal. You won't get off Scot free, but, it is highly likely you won't serve any jail time, so cheer up." We both got quiet as the judge entered the room.
"Hear-ye, Hear-ye" bellowed the bailiff "All rise for Judge Stevens".
"Please be seated" Judge Stevens opened as he read the details of my file on his desk.
"I have reviewed the case, and it is my opinion that this was obviously part of a stupid college prank and not some act of a true criminal. It would be an egregious miscarriage of justice to send this young man to prison for two years and mark him as a felon for life for what is most likely an isolated incident of youthful indiscretion."
A wave of relief overcame me as I heard those comforting words from the judge. As I glanced around the courtroom, all eyes were on the judge except Darla's who was glowering at me with a look of such rage it sent cold shivers down my spine. Quickly, I turned back to the Judge.
"It is not however my intent to let this incident go unpunished though." he continued.
Hearing this my heart stopped.
"Would the lawyers for the defendant, the prosecuting attorney as well as the representatives of the victims please meet me in chambers."
"What's going on Bob?!?" I whispered to my lawyer, completely confused.
"A plea bargain I have worked out, so now just sit here and shut up and say nothing. If they go for it, you will not only not go to jail, but all charges will be dropped, so you must trust me, OK?"
"OK!" I exclaimed. "This was great!" My stomach finally stopping its boil for the first time in weeks. Perhaps now this long nightmare would finally end on a positive note after all and the prospect of avoiding prison AND a criminal record was fantastic. As I saw Darla disappear from the court and head towards the Judge's office I wondered what possible deal would satisfy her but I put my faith in my lawyer. Bob was good and very convincing so I was sure it was a good deal he worked out for me. The continued icy death stare in her eyes of Darla however did make me wonder how they would ever get her to agree to drop the charges.
For the next two hours I waited and sweated and waited and sweated as the lawyers battled it out in the Judge's office. Around two o'clock everyone came back inside.
"Well ladies and gentlemen, we have an agreement." Judge Stevens announced. "Will the defendant please rise."
Nervously I rose to my feet and although I still didn't know what the agreement was, by the smug look on Bob's face I was convinced that it didn't include jail.
"Samuel Franklin, in exchange for the plaintiffs dropping all charges against you, it has been decided that you will be turned over to state for an experimental program called "Community Victim Restitution". Under this program, you will be the first test case as it is truly experimental but seems highly appropriate for this situation. The term of your sentence is six months and at the end of your time your record will be expunged and the charges dropped based on the report of the board. If they do not provide a satisfactory report on your behavior however you will be remanded over to state custody for prison for the remaining eighteen months of your prior sentence and your criminal record will stand."
Clearing his throat and looking very sternly into my eyes he continued. "I would then highly encourage you to make the best of your restitution so you can receive a good report. You are hereby released on your own recognizance until Monday morning. You will be instructed by the Bailiff as to where you are to report for your punishment. Do you have any questions?"
I had many of course, but after looking at my lawyer who was beaming with a big smile, I just shook my head no.
As the court cleared, I took my lawyer's arm and asked him how this worked. He explained that this new system was passed by the state legislature specifically to offer an alternative to prison for non-violent offenders like me. During my "imprisonment" I would still be allowed to attend classes or work, but otherwise I would be completely under the control and supervision of my appointed CVR board.
The board was restricted in what they could demand or do to me, but otherwise the state would not interfere. The system was designed to be a community based program meant to satisfy the victims of crimes where an arrangement could be made that did not have to involve the state. The beauty was the criminal could offer direct restitution to the victim and therefore justice was served at a considerable savings to all involved.
During my time of "imprisonment" he explained, I would not be allowed to leave their residence, except to attend classes or for medical emergencies and at the end of this six-month period, I would be brought back with the plaintiff's to hear the results of their report. Seeing my growing concern, Bob spoke.
"Listen Sam" my lawyer whispered. "This is truly a great deal and after a little crappy six months of nonsense, you will be totally free and without a record! You still get to go to class so you won't get thrown out of college and before you know it all of this ugliness will be in your past. This is as good a deal as you will ever get, so don't blow it!"
Seeing me relax a bit and nod, he continued. "You need to make sure they give you a good report as otherwise you will have to go to jail to serve out the rest of a two year sentence. I STRONGLY ADVISE you to do whatever they say during this time as your freedom depends on whether they are satisfied with your punishment or not. The judge has given them instructions on what is, and what is not, acceptable punishment so don't worry, it won't be so bad, OK?"