Prosecutor Office Basics - PowerPoint Presentation

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Prosecutor Office Basics

Amanda Jennings, Esq.

St. Charles County Prosecutor

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OVERVIEW

Reviewing Citations and Issuing Charges

Discovery Requests

RestitutionProbation RevocationTrial PreparationProsecutor Records Retention

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Senate Bill 5 and subsequent legislation/rules

Supreme Court Rule 37.04, Appendix A

Minimum Operating Standard # 7:

“Clerks of court and other non-judicial personnel do not perform any functions that constitute an actual or apparent conflict of interest…”“Work performed on behalf of law enforcement or the prosecuting attorney is one example of actual or apparent conflict of interest.”

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Main Prosecuting Duties

Review tickets/citations for issuance of charges

Make Recommendations to the Court on disposition of cases

Represent county/city at any preliminary hearingsNegotiate with Defense CounselPrepare for trial (make witness decisions, contact and prep witnesses, etc

)

Subpoena witnesses in preparation of trial

Proceed to Trial

Motion the Court to revoke probation where needed

Dispose of Prosecutor Files in accordance of law

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REVIEWING CITATIONS and

ISSUING CHARGES

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Issuing of Tickets

Missouri Supreme Court Rule 37.34: “All ordinance violations shall be prosecuted by information. An information charging the commission of an ordinance violation may be based upon a violation notice…

Violation Notice = ticket written by officer

Rule 37.33 states required content for Violation Notices. Rule 37.35

provides content needed for

Informations

. Prosecutors should look to make sure the traffic ticket contain both sets of required contents if the traffic ticket written by the officer as your information.

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Violation Notices (Rule 37.33)

Name and Address of Court

Name of the Prosecuting County or Municipality

State the name of the accusedState the date and place of the ordinance violation as definitely as can be doneState the facts that support a finding of probable cause to believe the violation was committed.

Cite chapter and section of ordinance alleged to have been violated

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Information Content (Rule 37.35)

State name of defendant

State plainly the essential facts

State date and place of ordinance violation as definitely as can be doneCite chapter and section of the ordinance alleged to have been violatedMUST BE IN WRITING AND SIGNED BY THE PROSECUTOR

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Comparison of Two (they are essentially the same)

Violation Notice

Name and Address of Court

Name of the Prosecuting County or MunicipalityState the name of the accused

Date the date and place of the ordinance violation as definitely as can be done

State the facts that support a finding of probable cause to believe the violation was committed.

Cite chapter and section of ordinance alleged to have been violated

Information

State name of defendant

State

date and place of ordinance violation as definitely as can be

done

State

plainly the essential facts

Cite chapter and section of the ordinance alleged to have been violated

MUST BE IN WRITING AND SIGNED BY THE PROSECUTOR

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Filing by Information (not using Violation Notice as your charging document)

Ticket is destroyed

Arrested pending review

Prosecutor issuing additional charges

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DISCOVERY REQUESTS

Supreme Court Rule 37.54

My favorite rule from Rule 37

“Discovery shall be permitted solely in the judge’s discretion as justice requires.”According to this rule, before Defense counsel is entitled to any discovery, they must first make a motion for discovery, set it for hearing, give the prosecutor proper notice of that hearing, and argue to the Judge why

they are entitled

to any evidence the prosecutor may have.

Now don’t actually make defense counsel do this for simple discovery requests, but it is important to keep in mind when sending out discovery

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RESTITUTION

Prosecutors can seek restitution in accident cases, stealing cases, property damage cases, etc.

Negotiate plea deal conditioned on the payment of restitution

Talk to victims of the crime. Let them know that payment of restitution is not guaranteed. There is always Civil Court!

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Restitution Letter sent by PA Assistant to Defense Counsel

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MOTION TO REVOKE PROBATION

RSMo

. 559.036.7

The prosecuting attorney may file a motion to revoke probation at any time during the term of probationNotice to appear to answer charge of violation shall be served upon probationerThe Court may immediately enter an order suspending the period of probation (this is important to file!!!)

The probation shall remain suspended until the court rules on the prosecutor’s motion

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TRIAL PREP

Subpoena witnesses for trial

List of trials sent to Prosecutor by Clerk

Fill out Subpoenas and provide to Clerk for signature Send fully executed subpoena to civil processHelp Prosecutor by suggesting witnesses

3 things a prosecutor must prove

Jurisdiction/Venue

Ordinance/elements of the crime

ID of the Defendant

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Trial Preparation continued…

Certified copy of the ordinance

A must-have for any circuit court appeals, handy for muni court trials

A city may prove its ordinance in one of three ways:1. In accordance with the first clause of RSMo 490.240- a handwritten or printed certified copy of the ordinance

2. in accordance with the second clause of RSMO 490.240- the prosecutor can bring into a court a printed volume of the current municipal ordinances published by the city and reference that volume in trial

OR 3. under

RSMo

479.250- adducing a certified copy of the ordinance or filing a certified copy of the ordinance with the clerk of the court and provided that it is kept by the clerk readily available for inspection by the parties, the court can take judicial notice of it.

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Elements of the Crime

PROSECUTOR NEEDS WITNESSES NECESSARY TO PROVE ALL ELEMENTS OF THE CRIME/ORDINANCE

Assault 3

rd- A person commits the crime of assault in the third degree if the person attempts to cause or recklessly causes physical injury to another person or the person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

Property Damage- A person commits the crime of property damage if he knowingly damages property of another

Trespass- A person commits the crime of trespass if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure.

Stealing- a person commits the crime of stealing if he or she appropriates property or service having a value of less than $500, of another with the purpose to deprive him or her thereof.

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Jurisdiction/Venue

Violation of Ordinance must have occurred in the municipal court of that city/county/village, etc.

Prosecutor needs someone to testify to that effect. Usually the officer, but can be victim.

Review tickets/reports prior to issuing of charges to avoid any venue issues.

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Identification of Defendant

You must have the witnesses necessary to identify that the person sitting in the defendant’s chair in the courtroom is the person that committed the crime.

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PROSECUTOR RECORDS

RETENTION

Prosecutor Schedule different than Court’s

Different Procedures and Schedules for each type of case below:

Charge File (Pros 001)

Criminal Case Files (Pros 002)

Traffic Enforcement Records (Pros 009)

Deferred Prosecution Case Files (Pros 008)

All found on Missouri Secretary of State website:

www.sos.mo.gov/CMSImages/Local Records/Prosecutor.pdf

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Charge File (Card File)

A listing of charges filed, can be alphabetical by person or chronological by charge

Content: Name of Defendant, charge, date of filing, disposition

RETENTION: 75 YEARS

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Criminal Case Files

What you probably refer to as “Prosecutor File”

It is a record of proceedings against a given defendant on misdemeanors and serious traffic violations

Everything that is NOT simple traffic ticketsDWI files and DWS/R files are included in this (anything that could potentially be enhanceable)

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Criminal Case Files continued…

All DWI’s – 10 years

Enhanceable

Misdemeanors- 10 yearsAll other Misdemeanors, Infractions, Ordinance, or Other Violations- 3 yearsWhat might be in your file?Copy of the ticket/information

Any motions filed with the court

Criminal Histories, DOR print outs

Police Reports (could be a question about this)

Other documents used at trial

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Traffic Enforcement Records

All non serious traffic offenses

No DWI’s or DWS/R

RETENTION: UNTIL FINAL DISPOSITIONOnce the case is closed, trash that PA file on simple TrafficNote: This does not include “CHARGE FILE”

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Deferred Prosecution Case Files

Active or Inactive Deferred Prosecution Files

Cases Not Filed (Refused tickets)

Dismissals (NP’s)RETENTION: 1 YEAR

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QUESTIONS?