In the middle of March 2020, authorities across America were forced to recognize the threat posed by the novel coronavirus and the disease now known as COVID-19. As the World Health Organization and scientific researchers moved to classify the virus as a worldwide pandemic, all areas of life in America became affected. Courts closed in March of 2020 and remained functioning in a limited capacity for months afterwards, waiting to see how seriously the disease would develop to be.
As spring has now turned to summer, courts are still functioning, but with some important differences. Those charged with a DUI, assault, or other criminal charge may be wondering how to navigate the now more confusing world of court settings, arraignments, attorney representation, virtual court, and remote pleas. In this article Attorney Walker Fults takes a look at how law enforcement, court settings, and even immigration have been touched by coronavirus and the resulting economic slowdown.
Police Slow Enforcement, But Starting to Resume
Law enforcement officers were not immune to the threat of biological spread of the virus, or to directives to socially distance and limit their activities to strict necessities. In March and April, the streets of Boulder and the surrounding front range, from I-25 to I-70, were noticeably empty. People sheltered in place under direction from state and county officials, and police made drastically reduced citizen contacts, wrote far fewer tickets, and made fewer criminal charges. With less people on the streets, fewer crimes were alleged to be committed, although statistics now reveal that there was an uptick in certain offenses such as assault domestic violence at home, and abuse of children.
Now that time has passed and government officials have relaxed shelter rules, people are finding ways to resume work and daily life, albeit in revised fashion. With masks donned and social distancing in mind, people are returning to their workplaces, restaurants, gyms, traveling by road, and seeing friends again. As these activities resume, law enforcement has also begun making more charges, which trigger more court dates. But how does the person charged with an offense during the pandemic properly handle his or her court responsibilities?
Court Proceedings During the Pandemic
Initially, courts in Boulder and along the Front Range closed for a few days to assess the impact of the disease and plan a responsive plan of action forward. In Boulder, the courthouse was closed for the remainder of March and all of April and May. Continuing through June and July, judges have followed the direction of the Texas Supreme Court by asking litigants to appear remotely whenever possible. For those without access to a computer or telephone, however, the courts have allowed people to appear in court, following guidelines for the wearing of masks and social distancing.
Traditionally, all settings/hearings/appearances/conferences have been in person. A criminal defendant and his or her attorney have been obligated to appear in person, contact the prosecutor about the case, appear before the judge, and put an update on the record, either formally or informally. However, with social distancing, judges have used zoom, webex, or other online platforms to hold court, being sure to mindfully give attorneys, defendants, witnesses, and the public their due rights to have a speedy trial, face their accusers, obtain discovery, and even plea to charges. The Law Office of Walker Fults was able to resolve a criminal matter by webex setting, with his client appearing over the phone. Although modified, then, courts have found a way to continue meeting and resolving criminal justice matters.
Immigration consequences for international students and other foreigners
Remote court settings at court, remote work at workplaces, and remote learning at colleges have all relegated people to their homes, where they attempt to juggle their responsibilities with home life. For some international visitors, the reason to be present in the country has been affected by the virus, which may end up affecting their legal status here. New guidance from the United States Department of Homeland Security indicates that international student who will participate in fully online learning may be asked to return to their home countries, since they don’t have a reason to be in the country any longer. Although a simplistic assessment of student life and financial responsibility, the ruling could still cause wide swaths of college students from China, Europe, and worldwide to return to their country of origin, where they would be required to continue their studies online. Whether these students would pay tens and tens of thousands of dollars in tuition for an online experience is a doubtful and unanswered proposition. For those looking to stay in America, enrolling in at least one class that requires presence in the country would be a wise move to anchor one at university.
Charged With a Crime During the Pandemic
If you or a loved one has been charged with a criminal offense during this pandemic, call the Law Office of Walker Fults right away for a free consultation about your rights and how Attorney Fults may be able to help your case. Walker Fults cares deeply about each client he takes on, and works aggressively on each case until the best possible result under the circumstances is reached. Call (214) 838-0557 today for a free consultation, and begin reclaiming your future and peace of mind.
