One Dollar Bail? Why Even F'n Bother?

Does trespassing count as "time served"?

Before Michael Madison was led out of Hudson City Court on Thursday to return to the county jail, Judge Cheryl Roberts explained to him and his lawyers that his case had been adjourned to June 6th and that his time spent in jail until then would count as "time served" when his sentence was decided on the 6th.  I did not hear anything about bail, but I may have just missed mention of it.

Yesterday at noon, dumbfounded to see Michael Madison walking on Warren Street, I called the Hudson City Court to see if someone could explain why he was not in jail.

When I mentioned to the court clerk that Madison was not in jail, she sounded surprised.

"He is?" was all she could say.  (Even the clerks are well aware of Madison.)

"Yes, I just saw him on Warren Street.  Do you have any idea why he isn't in jail?"  I asked. 

"No, but it might have to do with bail."

"How much was his bail?"

"One dollar."

"One dollar?  One dollar?  Was it paid?"

"We wouldn't know, the bail is paid to the jail."

"The city judge sets bail, but the court office doesn't receive that money and you don't know if it's been paid?"

"That's right." 

At 6 pm, as if on cue, I noticed Madison staggering around Lucky's gas station property smoking a cigarette and asking customers for money.  A Hudson police officer arrived a few minutes later and told Madison to leave the property, which he did.  I asked the officer why he had not issued Madison a trespassing violation ticket.  The officer responded, "It's my discretion."   

"Why would you not issue a ticket to him today?  What about tomorrow?" 

"It's my discretion."

"I understand that, officer, but for what reason did you decide not to issue the ticket just now?"

"Because he is on good behavior.  Is he bothering you, Bill?"

The cop, who never got out of his vehicle, drove away in the opposite direction Madison went stumbling across Columbia Street and down the sidewalk.

"You got a dollar, mam?"

In Hudson, apparently anyone can trespass on property repeatedly, even hundreds of times, and never spend time in a jail cell.  If the Hudon police don't want to ticket or arrest you for trespassing - for whatever discretionary reason -- you can come back anytime and trespass again.  In Hudson, you can also repeatedly violate the rules of a public park every day -- sometimes being ticketed, sometimes not -- and never be barred from the park or be shown a jail cell.  Even if by the slimmest of chances you are locked up, there's little need to worry -- your bail will probably be all of one fucking dollar.  Heck, even your drunk, panhandling friends can bail you out immediately.

This is how things operate in Hudson, NY.