'If you're innocent, just say no to a probation deal': nationally syndicated radio talk show host, known as "The People's Attorney," shares his personal story

As I drive to the radio station while listening to the same four songs that I listen to every morning to motivate me for my show, I smile as I reflect on how these songs take me through the stages of my life.

I listen to "Zoom" by the Commodores (as a kid growing up in the 'hood in Chicago, I just wanted to fly away). Then I listen to Jadakiss' "Why," the remix version because I truly feel the words in this song are true; I know I went through this system. Then I listen to R. Kelly's "The Champ" (featuring Swizz Beatz) because I feel that I am the people's champ. Lastly, I listen to Kirk Franklin's "Imagine Me" because who could have imagined that I would be here after sitting and waiting for a verdict in the case State of Illinois v. Warren Ballentine?

"I find that Warren Ballentine is not guilty." Those words still ring in my ears today. And at the time, I never would have imagined that these two words, "not guilty," would play such a huge role in my life. It was January of 1996 when I was charged with unlawful use of a weapon, a felony in Illinois. I remember the prosecuting attorney trying to make me take a probation deal. "You won't have to do any jail time if you take the deal; you know you are guilty, just take the deal." Those were the words she echoed just before we were set for trial. To her, the prosecutor, I was just another Black man who needed a record.

It would have been easy for me to take this deal because all of my boys on my block were telling me you can't beat a situation that has no jail time because that means you have beaten your case. But I hadn't done anything wrong at all; I was just riding in a friend's car. Thank God I had enough sense to read up on what probation meant. It doesn't mean you've beaten your case; it really is a way to keep you in the system for life.

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Unfortunately, many Brothers think that probation means that they have beaten the case. It doesn't mean that at all! The fact is you have a felony on your record that may never be removed. This can prevent you from getting jobs. In some states, it eliminates your right to vote, obtaining certain types of licenses, and in some cases, prevents the distribution of financial aid for education.

Brothers, if you are innocent, fight your case to the bitter end. Understand that this system is unjust and set up to keep you in it. Probation is a way to build a future case against you. The more convictions you have, the more time you will have to do. It's that simple.

This felony, the one that you decided to make go away by taking the probation deal, will follow you for the rest of your life. It attaches a "scarlet letter" to you for a lifetime. Each time a cop or employer runs your name, it shows up--no matter how old it is.

Today, I am an attorney who's known nationwide as "The People's Attorney," and I think back to what could have happened to me every time I am in the courtroom with one of my innocent clients. Right before trial, they all ask the same thing, "Should I take the offer of probation?"

Then I tell them my story.

COPYRIGHT 2007 Johnson Publishing Co.
COPYRIGHT 2008 Gale, Cengage Learning