Information Charging. Depa. tment of the Prosecuting Attorney City and COlmty of Honolulu Final Report
|
|
- Bonnie Bryan
- 6 years ago
- Views:
Transcription
1 Depa. tment of the Prosecuting Attorney City and COlmty of Honolulu Final Report Information Charging Submitted to the Twenty-Fourth Legislature, 2008 Pursuant to Act 62, Section 4 Session Laws of Hawaii, 2004
2 Final Report of the Department of the Prosecuting Attorney City and COlmty of Honolulu on Information Charging Submitted to the Twenty-Fourth Legislature, 2008 Pursuant to Act 62, Section 4, Session Laws of Hawaii 2004 Peter B. Carlisle Prosecuting Attorney City and County of Honolulu Department of the Prosecuting Attorney 1060 Richards Street Honolulu, Hawaii 96813
3 TABLE OF CONTENTS I. II. BACKGROUND... 1 RESULTS A. REDUCTION IN PRELIMINARY HEARINGS AND RELATED COST SAVINGS B. REDUCTION IN GRAND URY PROCEEDINGS AND RELATED COST SAVINGS C. MINIMAL NUMBERS OF CHALLENGES TO PROBABLE CAUSE FINDINGS D. CONCLUSION III. IV. RECOMMENDATIONS FOR FUTURE CONSIDERATION. STATISTICAL INFORMATION A. GRAND TOTALS from May 10,2004, to and including November 30, B. Statistics By Type C. Statistics By Year , , (anuary 1,2007 to and including November 30, 2007)... 12
4 I. BACKGROUND The implementation of Act 62, Session Laws of Hawaii, Regular Session of 2004, has successfully and significantly improved the way criminal cases are charged in Hawaii by simplifying and making criminal charging more efficient without impairing the rights of defendants. Prior to the implementation of Information Charging, criminal felony cases were initiated one of two ways depending on the suspect's status. If the suspect was in custody and met certain criteria, the suspect was charged outright via complaint. A Preliminary Hearing was later held to determine whether there was probable cause to believe the charges alleged had been committed and that the suspect was the one who committed the crimes. If the suspect was not in custody, an indictment was presented to the Grand ury to determine if probable cause existed. Information Charging now provides a third option to law enforcement. Information Charging enables cases to be charged via the filing of an Information rather than a complaint or indictment. A declaration by the investigating detective that demonstrates probable cause that the crime alleged in the Information has been committed and that the suspect is the one who committed the crime is attached as an exhibit along with any and all written statements by witnesses cited in the declaration. It is upon these documents that a judge bases his/her decision when determining whether probable cause exists. The judge's standard for finding probable cause in Information Charging cases is the same standard employed at a Preliminary Hearing and Grand ury thus affording a suspect the same privileges while continuing to protect and preserve hislher rights. The Department of the Prosecuting Attorney, has implemented procedures to afford for two types of Information Charging cases, both dependant upon the suspect's status akin
5 to the complaint and indictment processes. If a suspect is in custody and meets certain criteria, the suspect may be charged outright via Information Charging - Custody procedures (ICC). If a suspect is not in custody, the suspect may be charged via Information Charging - Non-Custody procedures (ICNC). There is no significant difference between the two procedures except that paperwork is completed in an expedited manner in ICC cases to accommodate the suspect in custody. II. RESULTS A. REDUCTION IN PRELIMARY HEARINGS AND RELATED COST SAVINGS As a result of Information Charging, our entire judicial system has seen a dramatic change in the number of Preliminary Hearings held each day as well as in the number of Grand ury cases being presented. For example, from une thru December 2004, prior to the implementation of Information Charging - Custody procedures, our office handled 916 Preliminary Hearings. During that same period in 2006, after the implementation of Information Charging - Custody cases, that number dropped to 319. Considering the cost of a courtroom, judge, and court staff, not to mention the witness fees, mileage, and possible overtime HPD officers, this number translates into a significant financial savings for the State. This number, however, pales in comparison to the emotional and financial savings enjoyed by the civilian victims/witnesses who did not have to come to court to testify. For example, in a Preliminary Hearing situation, a single working mom whose car has been stolen and trashed, who is trying to find transportation for her kids to get to school and for herself to get to work, is told to come to court to testify that her car was stolen, that she didn't know the defendant, and that she didn't give the defendant permission to operate her car. She is given only a few days notice to make arrangements to come to court, and, since 2
6 Preliminary Hearings are held in the afternoon, she now must make plans for childcare while she is at court waiting for her case to be heard. She also risks having to return to court a second day if the Preliminary Hearing is continued for a myriad of reasons. With Information Charging, that single mom can now concentrate on caring for her kids and working to replace her car rather than missing work and catching a ride into town to go to court. For witnesses like her, the emotional savings that Information Charging provides is immeasurable. B. REDUCTION IN GRAND URY PROCEEDINGS AND RELATED COST SAVINGS Grand ury has also been dramatically affected as a result of Information Charging. In 2005, this office presented 513 cases to the Oahu Grand ury. That number dropped to 160 cases in 2006 with the full implementation of Information Charging - Non-Custody procedures. The significance of that difference is clear when one considers that it takes a minimum of 12 State funded personnel for a Grand ury case (a minimum of 8 grand jurors is needed for a quorum, judge, clerk, grand jury counsel, and a bailiff), two courtrooms (the grand jury hearing room and the grand jury returns courtroom), and funds to pay for witness fees, mileage, overtime, and grand jury counsel fees. In an Information Charging case, the number of persons involved is whittled down to three (a detective, a prosecutor, and a judge).l In 2006, over 500 HPD officers and personnel would have been called to testify at Grand ury proceedings had Information Charging not been in existence. Instead, these officers, detectives, criminalists, fingerprint experts, firearms records custodians, and the The cited number of personnel required for both Grand ury and Information Charging cases accounts for the probable cause finding phase only. The number of court personnel required to process the paperwork after the finding of probable cause for both Grand ury and Information Charging processes is the same. 3
7 like, were able to remain on the job investigating other crimes, patrolling our city streets, and protecting our citizens. C. MINIMAL NUMBERS OF CHALLENGES TO PROBABLE CAUSE FINDINGS Despite early assertions from the usual suspects, our courts have not been flooded with motions challenging probable cause findings in Information Charging cases. In fact, to date, no such motion has been filed with the courts. Several motions to dismiss Informations have been filed (less than 20), all of which involved procedural questions and not substantive, evidentiary, or constitutional issues. To date, not one such motion to dismiss an Information charge has ever been granted. D. CONCLUSION As previously stated, the most significant and profound effect Information Charging has had is upon the victims/witnesses of crimes. Almost 3,000 of victims/witnesses would have been called to testify at either a Grand ury or Preliminary Hearing had their cases not proceeded via Information Charging. The twenty dollars ($20.00) each victim/witness would have received in witness fees in addition to mileage fees paid for by the State could not possibly make up for the time lost at work and the emotional toll on their personal lives if ~ I 1 1 each had been called to testify in court. The elderly retired couple whose checks were stolen, forged, and presented at a bank; the sole proprietor whose goods were shoplifted; the middleclass working father whose car was broken into and stripped; and the family of four whose home was burglarized - all of whom would have been called to testify that they did not give anyone permission to steal from them if Information Charging had not been enacted. ~j 4
8 III. RECOMMENDATIONS FOR FUTURE CONSIDERATION. The Department of the Prosecuting Attorney recommends the following four (4) offenses be added to the list of criminal offenses that are eligible for processing via Information Charging: 1) Failure To Comply With Covered Offender Registration Requirements (C felony) under Section 846E-9, Hawaii Revised Statutes; 2) -1 Methamphetamine Trafficking in the Second Degree (B felony) under Section , Hawaii Revised Statutes; 3) Unauthorized Possession of Confidential Personal Information (C felony) under Section ; and 4) Unlawful Entry in a Dwelling (C felony) under Section , Hawaii Revised Statutes. Except for Failure To Comply With Covered Offender Registration Requirements 2, the other three charges were not in existence when Act 62: Information Charging was passed in 2004 and, hence, were not included in the original list of enumerated covered offenses. This Department processed 64 Methamphetamine Trafficking cases from anuary 1,2007, to and including November 30, All 64 cases required at least one HPD officer and an HPD criminalist to testify taking them off the road, out of the crime laboratory, and away from their duties (civilian witnesses are rarely involved in these types of offenses). Unauthorized Possession of Confidential Personal Information.1.1. (UPCPI) is often charged along with Forgery, Theft, and Identity Theft offenses, all of which are covered under Information Charging. From anuary 1,2007, to and including November 30,2007, this office handled 96 cases which could have proceeded via Information Charging had UPCPI been an Information Charging eligible offense. Considering the number of civilian witnesses needed to present a forgery/theft case, the inclusion of UPCPI would translate into a huge savings both in and out of the courtroom. 2 Failure to comply with covered offender registration requirements was originally included in the list of covered offenses, however, the section number was s.ubsequentiy amended for the charge but not under Section of the Hawaii Revised Statutes. 5
9 ,- -] With the inclusion of the above four charges, Information Charging will become an even greater asset to the criminal justice system in Hawaii in the years to come. More victims and witnesses will be spared from coming to court to testify at probable cause hearings, more officers will be able to stay on the job protecting and serving the community, and the State will continue to enjoy a financial savings while still protecting and preserving a suspect's rights. 1 6
10 Department of the Prosecuting Attorney City and County of Honolulu GRAND TOTALS May 10, 2004 to and including November 30, cases conferred/received as Information Charging 1995 cases were processed via Information Charging (sent to District Court for review) 1993 cases were approved by District Court 2 were rejected proceeded via O proceeded via Complaint (PVC) referred to Drug Court reclassified to Misdmeanor conflicted out to AOs 3932 HPD officers would have been called to testify at O or Prelim 998 HPD Personnel (criminalists, fingerprint experts, etc) would have been called at O/Prelim 2972 Civilian victims/witnesses would have been called to testify at O/Prelim 7
11 l ~l Statistics by Type Information Charging Non-Custody Cases: l 908 cases conferred/received as Information Charging 715 cases were processed via Information Charging (sent to District Court for review) 715 cases were approved by District Court 2 were rejected 33 proceeded via G 37 proceeded via Complaint (PVC) 3 referred to Drug Court 6 reclassified to Misdmeanor 1 conflicted out to AGs 113 pending receipt of reports/briefing/processing Witnesses Saved by Information Charging Non-Custody Cases: ] ] 1270 HPD officers would have been called to testify at G 339 HPD Personnel (criminalists, fingerprint experts, etc) would have been called at G 1317 Civilian victims/witnesses would have been called to testify at G Information Charging Custody Cases: 1280 cases conferred/received as Information Charging 1280 cases were processed via Information Charging (sent to District Court for review) 1280 cases were approved by District Court o were rejected Witnesses Saved by Information Charging Custody Cases: 2662 HPD officers would have been called to testify at Prelim 659 HPD Personnel (criminalists, fingerprint experts, etc) would have been called at Prelim 1655 Civilian victims/witnesses would have been called to testify at Prelim 8
12 Statistics By Year GRAND TOTAL: 7 cases conferred/received as Information Charging Information Charging Non-Custody Cases: Specific Breakdown 7 cases conferred/received as Information Charging o cases were processed via Information Charging (sent to District Court for review) N/A Information Charging Custody Cases Note: ICC cases did not begin until une 29, 2005 N/A 9
13 Grand Totals: 326 cases conferred/received as Information Charging 198 cases were processed via Information Charging (sent to District Court for review) 197 cases were approved by District Court 1 was rej ected Witnesses Saved by Information Charging in 2005: 349 HPD officers would have been called to testify at G or Prelim 75 HPD Personnel (criminalists, fingerprint experts, etc) would have been called at G/Prelim 320 Civilian victims/witnesses would have been called to testify at G/Prelim Information Charging Non-Custody Cases: Specific Breakdown 309 cases conferred/received as Information Charging 181 cases were processed via Information Charging (sent to District Court for review) 180 cases were approved by District Court 1 was rejected 307 HPD officers would have been called to testify at G 58 HPD Personnel (criminalists, fingerprint experts, etc) would have been called at G 319 Civilian victims/witnesses would have been called to testify at G -I ~ 1 Information Charging Custody Cases: Note: ICC cases did not begin until une 29, cases conferred/received as Information Charging 17 cases were processed via Information Charging (sent to District Court for review) 17 cases were approved by District Court o were rejected HPD officers would have been called to testify at Prelim HPD Personnel (criminalists, fingerprint experts, etc) would have been called at Prelim Civilian victims/witnesses would have been called to testify at Prelim 10
14 ~1 I Grand Totals: 861 cases conferred/received as Information Charging 811 cases were processed via Information Charging (sent to District Court for review) 811 cases were approved by District Court o were rej ected Witnesses Saved by Information Charging in 2006: 1640 HPD officers would have been called to testify at O or Prelim 381 HPD Personnel (criminalists, fingerprint experts, etc) would have been called at O/Prelim 1229 Civilian victims/witnesses would have been called to testify at O/Prelim Information Charging Non-Custody Cases: Specific Breakdown 327 cases conferred/received as Information Charging 277 cases were processed via Information Charging (sent to District Court for review) 277 cases were approved by District Court o were rejected 508 HPD officers would have been called to testify at O 86 HPD Personnel (criminalists, fingerprint experts, etc) would have been called at O 550 Civilian victims/witnesses would have been called to testify at O ' I Information Charging Custody Cases: 534 cases conferred/received as Information Charging 534 cases were processed via Information Charging (sent to District Court for review) 534 cases were approved by District Court o were rejected 1132 HPD officers would have been called to testify at Prelim 295 HPD Personnel (criminalists, fingerprint experts, etc) would have been called at Prelim 679 Civilian victims/witnesses would have been called to testify at Prelim 11
15 " 'I I " I ~l 1 anuary 1,2007 to and including November 30,2007 Grand Totals: 994 cases conferred/received as Information Charging 986 cases were processed via Information Charging (sent to District Court for review) 985 cases were approved by District Court 1 case was rej ected ~l " 1943 HPD officers would have been called to testify at G or Prelim 542 HPD Personnel (criminalists, fingerprint experts, etc) would have been called at G/Prelim 1423 Civilian victims/witnesses would have been called to testify at G/Prelim Information Charging Non-Custody Cases: Specific Breakdown 265 cases conferred/received as Information Charging 257 cases were processed via Information Charging (sent to District Court for review) 256 cases were approved by District Court 1 was rejected 455 HPD officers would have been called to testify at G 195 HPD Personnel (criminalists, fingerprint experts, etc) would have been called at G 448 Civilian victims/witnesses would have been called to testify at G Information Charging Custody Cases: 729 cases conferred/received as Information Charging 729 cases were processed via Information Charging (sent to District Court for review) 729 cases were approved by District Court o were rej ected HPD officers would have been called to testify at Prelim HPD Personnel (criminalists, fingerprint experts, etc) would have been called at Prelim Civilian victims/witnesses would have been called to testify at Prelim 12
DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY
DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY Processing Arrestees in the District of Columbia A Brief Overview This handout is intended to provide a brief overview of how an adult who has been arrested
More informationA VICTIM S GUIDE to the D.C. CRIMINAL JUSTICE SYSTEM
A Victim s Guide A VICTIM S GUIDE to the D.C. CRIMINAL JUSTICE SYSTEM The Council for Court Excellence produced and distributes this educational booklet as part of a Crime Victim s Series which includes
More informationProtective Orders No-Trespass/No-Contact Order What happens after a police report is filed? Miscellaneous Criminal Justice Information
Protective Orders No-Trespass/No-Contact Order What happens after a police report is filed? Miscellaneous Criminal Justice Information Office of Victim Services Health Center Room 205 Phone: 765-285-7844
More informationOregon Judicial Department Indigent Defense Budget Reduction Plan: Fact Sheet January 10, 2003
Oregon Judicial Department Indigent Defense Budget Plan: Fact Sheet January 10, 2003 Note: On January 10, 2003, the legislative Emergency Board restored $5 million dollars to the indigent defense appropriation.
More informationSealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio
Sealing Criminal Records for Convictions, Acquittals, & Dismissals Expungements in Ohio May, 2008 Why Should You Have Your Criminal Record Sealed? When you apply for jobs, apartments, and licenses, the
More informationSealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio
Sealing Criminal Records for Convictions, Acquittals, & Dismissals Expungements in Ohio Revised by Melissa Will, Equal Justice Fellow Ohio State Legal Services Association May 2008 2008, Ohio State Legal
More informationAn Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota
An Introduction to the Federal Public Defender s Office for the Districts of South Dakota and North Dakota Federal Public Defender's Office for the Districts of South Dakota and North Dakota Table of Contents
More informationCITY OF TITUSVILLE POLICE DEPARTMENT 1100 John Glenn Boulevard Titusville, Florida (321)
CITY OF TITUSVILLE POLICE DEPARTMENT 1100 John Glenn Boulevard Titusville, Florida 32780 (321) 264-7800 TITUSVILLE POLICE DEPARTMENT 1100 JOHN GLENN BOULEVARD TITUSVILLE, FL 32780 Mission Statement Promoting
More informationSTATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS
STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS FOR VICTIM TO SIGN: I,, victim of the crime of, (victim) (crime committed) committed on, by in, (date) (name of offender,
More informationSTATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS
STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS FOR VICTIM TO SIGN: I,, victim of the crime of, (victim) (crime committed) committed on, by in, (date) (name of offender,
More informationTownship of Kalamazoo Police Department. Integrity - Pride - Compassion - Respect
Township of Kalamazoo Police Department Integrity - Pride - Compassion - Respect 2016 Township of Kalamazoo Police Department Annual Report Overview The Charter Township of Kalamazoo Police Department,
More informationA GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA
- 0 - A GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA prepared by the CHARLOTTESVILLE TASK FORCE ON DISPROPORTIONATE MINORITY CONTACT TABLE OF CONTENTS 1. INTRODUCTION 2! How This Guide Can Help You 2!
More informationLegal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A
Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Acquittal a decision of not guilty. Advisement a court hearing held before a judge to inform the defendant about the charges against
More informationTABLE OF CONTENTS A. POLICY 1 B. GENERAL 1 C. WEAPONS IN THE COURTHOUSE OR SATELLITE COURTHOUSE 2 D. CASE FILING 2 E. PRE-TRIAL CONFERENCE 4
POLICY 103.0 COURT POLICY REVISED:01/93, 06/95, 03/99, 01/01, 05/01,11/04, 11/05, 10/06, 03/07, 06/07, 04/10, 12/10, 06/11, 10/13, 12/13, 11/17, 06/18 RELATED POLICIES: 103.7, 111.3 CFA STANDARDS: REVIEWED:
More informationHave you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights.
VICTIMS RIGHTS Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights. As a victim or designated family member of
More informationCHAPTER House Bill No. 1845
CHAPTER 2001-233 House Bill No. 1845 An act relating to the criminal use of personal information; amending s. 817.568, F.S.; providing that the willful and fraudulent use of personal identification information
More informationHONOLULU POLICE DEPARTMENT
HONOLULU POLICE DEPARTMENT POLICY PRISONER AND COURT-RELATED ACTIVITIES September 8, 2015 j PENAL SUMMONSES AND WARRANTS POLICY The safety of the public and police personnel shall be the primary consideration
More information79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 505
79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session Enrolled Senate Bill 505 Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing
More informationSEALING OF CRIMINAL HISTORY RECORDS (General Information) July 1, 2017
Records, Communications and Compliance Division 333 West Nye Lane, Suite 100 Carson City, Nevada 89706 Telephone (775) 684-6200 ~ Fax (775) 687-3419 www.rccd.nv.gov SEALING OF CRIMINAL HISTORY RECORDS
More informationLOWERING CRIMINAL RECORD BARRIERS
LOWERING CRIMINAL RECORD BARRIERS LOWERING CRIMINAL RECORD BARRIERS CERTIFICATES OF RELIEF/GOOD CONDUCT AND RECORD SEALING LEGAL ACTION CENTER TABLE OF CONTENTS INTRODUCTION WHAT DOES THIS BOOKLET COVER?
More informationCHAPTER Committee Substitute for Senate Bill No. 1282
CHAPTER 97-69 Committee Substitute for Senate Bill No. 1282 An act relating to imposition of adult sanctions upon children; amending s. 39.059, F.S., relating to community control or commitment of children
More informationThe court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON
The court process How the criminal justice system works. CONSUMER GUIDE FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON Inside The process Arrest and complaint Preliminary hearing Grand jury Arraignment
More information1. The location or site where a criminal offence has taken place is called a(n)?
Canadian Law 2204 Criminal Law and he Criminal Trial Process Unit 2 Test Multiple Choice Name: { / 85} 1. The location or site where a criminal offence has taken place is called a(n)? death trap investigative
More informationTOPIC: HONOLULU POLICE DEPARTMENT. Chief Louis Kealoha, Chief of P,olice Deputy Chief Dave Kajihiro Deputy Chief Marie McCauley
TOPIC: HONOLULU POLICE DEPARTMENT Chief Louis Kealoha, Chief of P,olice Deputy Chief Dave Kajihiro Deputy Chief Marie McCauley HONOLULU POLICE DEPARTMENT POLICY LAW ENFORCEMENT OPERATIONS j June 30, 2014
More informationIntroduction How Jurors are Selected Qualifications Exemptions. Your Role As A Juror Sequence of a Trial Petit and Grand Juries
Hand Book for Jurors Introduction How Jurors are Selected Qualifications Exemptions Your Role As A Juror Sequence of a Trial Petit and Grand Juries Payment for Jury Duty Length of Service Dress Attire
More informationHOW TO VACATE AND EXPUNGE A FELONY CONVICTION
HOW TO VACATE AND EXPUNGE A FELONY CONVICTION Introduction to Felony Expungement. 2 Information on House Bill 40 and the requirements for a felony expungement. Step 1: Obtain an Expungement Certification..
More informationCourse Court Systems and Practices. Unit X Pre-trial
Course Court Systems and Practices Unit X Pre-trial Essential Question What happens to a case between the time a person is arrested and the time they have their trial? TEKS 130.296(c) (1)(G) (4)(B)(E)
More informationHONOLULU POLICE DEPARTMENT
HONOLULU POLICE DEPARTMENT POLICY LA W ENFORCEMENT OPERATIONS / July 14,2015 / CRIME SCENE: INVESTIGATIVE RESPONSIBILITIES AND PROCEDURES POLICY Officers of the Honolulu Police Department shall be guided
More informationCharlotte County Sheriff s Office
Charlotte County Sheriff s Office VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: We realize that for many persons, being a victim or witness to a crime is their first experience with the criminal
More informationCuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND
33.0 ASSIGNMENT AND OF COUNSEL TO DEFEND Due to changes to the Ohio Administrative Code regarding the qualifications of and the process for appointing assigned counsel to indigent clients (OAC:120-1-10),
More information7. Self-Assigned Police Action Undertaking of self assigned police action. (For the purposes of this article, "self assigned", means action taken at the discretion of a member of the Department under less
More informationOrders of Nondisclosure Overview
What is an Order of Nondisclosure? Office of Court Administration Orders of Nondisclosure Overview An order of nondisclosure is a court order prohibiting public entities such as courts and police departments
More informationSTUDENT STUDY GUIDE CHAPTER THREE
Multiple Choice Questions STUDENT STUDY GUIDE CHAPTER THREE 1. California s Three Strikes Law has resulted in, which are jury acquittals when a punishment is grossly disproportionate to an offense. a.
More information7. The crime control perspective views the justice system as a means of caring for and treating people who cannot manage themselves. a. True b.
1. If, after conducting a preliminary investigation of the legal merits of a case, a prosecutor decides to take no further action, this is referred to as a charging warning. 2. Evidence based programming
More informationCHAPTER Senate Bill No. 1010
CHAPTER 2015-29 Senate Bill No. 1010 An act relating to false personation; amending s. 843.08, F.S.; revising the list of officials who are prohibited from being falsely personated; revising terminology;
More informationRelevant Facts Penal Code Section (aka expungements ) Penal Code Section 17(b), reduction of felonies to misdemeanors Proposition 47 Prop 64
Expungement, Prop. 47 & Prop. 64 Clinic Training Road Map Relevant Facts Penal Code Section 1203.4 (aka expungements ) Penal Code Section 17(b), reduction of felonies to misdemeanors Proposition 47 Prop
More informationLet others know about the FREE legal resources available at LA Law Library. #ProBonoWeek #LALawLibrary
Let others know about the FREE legal resources available at LA Law Library. #ProBonoWeek #LALawLibrary Rene Pena rpena@lafla.org AGENDA Statistics Remedies / Eligibility Requirements for 1203.4 Dismissals
More informationLITIGATING JUVENILE TRANSFER AND CERTIFICATION CASES IN THE JUVENILE AND CIRCUIT COURTS
LITIGATING JUVENILE TRANSFER AND CERTIFICATION CASES IN THE JUVENILE AND CIRCUIT COURTS I. OVERVIEW Historically, the rationale behind the development of the juvenile court was based on the notion that
More informationBackground on the Trump Administration Executive Orders on Immigration
Background on the Trump Administration Executive Orders on Immigration The following document provides background information on President Trump s Executive Orders, as well as subsequent directives regarding
More informationIN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT UNION COUNTY PLAINTIFF-APPELLEE, CASE NO
[Cite as State v. Carey, 2011-Ohio-1998.] IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT UNION COUNTY STATE OF OHIO, PLAINTIFF-APPELLEE, CASE NO. 14-10-25 v. SHONTA CAREY, O P I N I O N DEFENDANT-APPELLANT.
More informationNOTE WELL: See provisions pertaining to convening an investigative grand jury noted in N.C. Gen. Stat. 15A-622(h).
Page 1 of 14 100.11 NOTE WELL: If the existing grand jurors on a case are serving as the investigative grand jury, then you should instruct them that they will be serving throughout the complete investigation.
More information48TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2008
SENATE BILL 1 TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 0 INTRODUCED BY Mary Jane M. Garcia AN ACT RELATING TO CRIMINAL LAW; CREATING A NEW CRIMINAL OFFENSE KNOWN AS HUMAN TRAFFICKING; PROVIDING
More informationTo obtain additional copies of this document, or to ask how to contact Victim Services in your area, contact:
October 2013 To obtain additional copies of this document, or to ask how to contact Victim Services in your area, contact: Victims Services Policy and Program Development Branch Alberta Justice and Solicitor
More informationPolicy 6.01 DETECTIVE OPERATIONS
Cobb County Police Department Policy 6.01 DETECTIVE OPERATIONS Effective Date: November 1, 2017 Issued By: Chief M.J. Register Rescinds: Policy 6.01 (July 20, 2012) Page 1 of 7 The words he, his, him,
More informationJUROR INSTRUCTIONS ALONG W/ QUESTIONS & ANSWERS FOR POTENTIAL JURORS
JUROR INSTRUCTIONS ALONG W/ QUESTIONS & ANSWERS FOR POTENTIAL JURORS As a Juror, there are certain responsibilities you will be asked to fulfill. A Juror must be prompt. A trial cannot begin or continue
More informationChapter 8. Criminal Wrongs. Civil and Criminal Law. Classification of Crimes
Chapter 8 Criminal Wrongs Civil and Criminal Law Civil (Tort) Law Spells our the duties that exist between persons or between citizens and their governments, excluding the duty not to commit crimes. In
More informationINSTRUCTIONS FOR MOTION TO EXPUNGE
INSTRUCTIONS FOR MOTION TO EXPUNGE FEES REQUIRED: (1) $250.00 MONEY ORDER MADE OUT TO THE BUREAU OF CRIMINAL IDENTIFICATION AND INFORMATION. (2) $50.00 MONEY ORDER MADE OUT TO THE LAFOURCHE PARISH DISTRICT
More informationNORTH GEORGIA HEALTH DISTRICT County Board of Health Personnel Policy #504 Cherokee, Fannin, Gilmer, Murray, Pickens, Whitfield
NORTH GEORGIA HEALTH DISTRICT County Board of Health Personnel Policy #504 Cherokee, Fannin, Gilmer, Murray, Pickens, Whitfield CRIMINAL HISTORY RECORD CHECKS EFFECTIVE DATE: January 1, 2014 RELEASE DATE:
More informationRequesting a District Court Restraining Order
Requesting a District Court Restraining Order Copyright July 2011, Legal Aid Society of Hawai i All rights reserved. These materials may not be reproduced without written permission of the Legal Aid Society
More informationLicensed or Certified Child Care Operations: Criminal History Requirements
Licensed or Certified Child Care Operations: Criminal History Requirements In accordance with 745.651 (What types of criminal convictions may affect a person s ability to be present at an operation?),
More informationGENERAL ORDER DISTRICT OF COLUMBIA I. BACKGROUND
GENERAL ORDER DISTRICT OF COLUMBIA Title Court Appearance Notifications Series / Number GO PCA 701.06 Effective Date August 2, 2005 Distribution Rescinds General Order 701.06 (Court Appearance Notifications)
More informationExpungement Guidebook
Clearing your criminal record through expungement can help you find a job and move on from a criminal charge Expungement Guidebook What is expungement? In Kentucky, when you are charged with a crime or
More informationPELLISSIPPI STATE COMMUNITY COLLEGE MASTER SYLLABUS CRIMINAL LAW & PROCEDURE LAW 2120
PELLISSIPPI STATE COMMUNITY COLLEGE MASTER SYLLABUS CRIMINAL LAW & PROCEDURE LAW 2120 Class Hours: 3.0 Credit Hours: 3.0 Laboratory Hours: 0.0 Revised: Fall 09 NOTE: This course is not designed for transfer
More informationALABAMA VICTIMS RIGHTS LAWS1
ALABAMA VICTIMS RIGHTS LAWS1 Constitution Art. I, 6.01 Basic rights for crime victims. (a) Crime victims, as defined by law or their lawful representatives, including the next of kin of homicide victims,
More informationGrand jury; proceedings and operation in general
September 4, 2014 McKinney's CPL 190.25 190.25 Grand jury; proceedings and operation in general 1. Proceedings of a grand jury are not valid unless at least sixteen of its members are present. The finding
More informationTHE ANSWER BOOK FOR JURY SERVICE
THE ANSWER BOOK FOR JURY SERVICE Message from the Chief Justice You have been requested to serve on a jury. Service on a jury is one of the most important responsibilities that you will exercise as a citizen
More informationCERTIFICATION PROCEEDING
CERTIFICATION PROCEEDING PURPOSE: TO ALLOW A JUVENILE COURT TO WAIVE ITS EXCLUSIVE ORIGINAL JURISDICTION AND TRANSFER A JUVENILE TO ADULT CRIMINAL COURT BECAUSE OF THE SERIOUSNESS OF THE OFFENSE ALLEGED
More informationWHITE EARTH NATION DOMESTIC VIOLENCE CODE TITLE 18 CHAPTER ONE PURPOSE, JURISDICTION AND DEFINITIONS
WHITE EARTH NATION DOMESTIC VIOLENCE CODE TITLE 18 CHAPTER ONE PURPOSE, JURISDICTION AND DEFINITIONS Section 1. Purpose The White Earth Domestic Violence Code is construed to promote the following: 1.
More informationCONFERENCE COMMITTEE REPORT BRIEF SENATE SUBSTITUTE FOR HOUSE BILL NO. 2448
SESSION OF 2014 CONFERENCE COMMITTEE REPORT BRIEF SENATE SUBSTITUTE FOR HOUSE BILL NO. 2448 As Agreed to April 3, 2014 Brief* Senate Sub. for HB 2448 would amend portions of the law concerning DNA collection;
More informationAlpena County. Version 1.0 JURY DUTY HANDBOOK
2010 Alpena County Version 1.0 JURY DUTY HANDBOOK Jury trials have been an important part of the American legal system for over two centuries. They are an integral part of the laws which protect the fundamental
More informationFelony Cases. Police Investigation. Associate Circuit Court. Felony Versus Misdemeanor
Felony Cases This outline describes how felony cases generally move through the criminal justice system. Cases may deviate from the outline at any time. It can be difficult to predict how a case will move
More informationCOLUMBIA POLICE DEPARTMENT
and Procedure Manual Approved By: Kenneth Burton Chief of Police CALEA 6 th Edition Standard: 55.1.1.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent
More informationDEPARTMENT OF ARKANSAS STATE POLICE ARKANSAS CONCEALED HANDGUN CARRY LICENSE RULES
TABLE OF CONTENTS DEPARTMENT OF ARKANSAS STATE POLICE ARKANSAS CONCEALED HANDGUN CARRY LICENSE RULES CHAPTER 1. Title; Authority Rule 1.0 Title Rule 1.1 Authority; Purpose Rule 1.2 Definitions Rule 1.3
More informationLOWERING CRIMINAL RECORD BARRIERS
LOWERING CRIMINAL RECORDS BARRIERS LOWERING CRIMINAL RECORD BARRIERS CERTIFICATES OF RELIEF/GOOD CONDUCT AND RECORD SEALING I NY ESTABLISHES NEW LAW TO SEAL CONVICTIONS Criminal Procedure Law 160.59 What
More informationCHAPTER House Bill No. 4059
CHAPTER 98-274 House Bill No. 4059 An act relating to violations of traffic law; amending s. 316.1935, F.S.; providing that it is a third-degree felony for a person to willfully flee or attempt to elude
More informationChapter 10 The Criminal Law and Business. Below is a table that highlights the differences between civil law and criminal law:
Chapter 10 The Criminal Law and Business Below is a table that highlights the differences between civil law and criminal law: Crime a wrong against society proclaimed in a statute and, if committed, punishable
More informationELIGIBILITY AND INSTRUCTIONS FOR SEALING OF CRIMINAL RECORDS Based upon Ohio Revised Code
ELIGIBILITY AND INSTRUCTIONS FOR SEALING OF CRIMINAL RECORDS Based upon Ohio Revised Code 2953.31-2953.61 The Clerk of Courts, Common Pleas Court and Adult Probation Department personnel are not permitted
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED December 23, 2008 v No. 277901 Oakland Circuit Court JOSEPH JEROME SMITH, LC No. 2007-212716-FC Defendant-Appellant.
More informationFINAL EXAMINATION DIRECTIONS: Write your answers on the ANSWER SHEET provided.
FINAL EXAMINATION DIRECTIONS: Write your answers on the ANSWER SHEET provided. DO NOT MARK ON THIS TEST 1. The security guard/proprietary private security officer s role BEFORE a violation has been committed
More informationMINNESOTA JUDICIAL TRAINING UPDATE GRAND JURY PROCEEDINGS: EVERYTHING A JUDGE NEEDS TO KNOW - ALMOST
MINNESOTA JUDICIAL TRAINING UPDATE GRAND JURY PROCEEDINGS: EVERYTHING A JUDGE NEEDS TO KNOW - ALMOST Unless You Came From The Criminal Division Of A County Attorneys Office, Most Judges Have Little Or
More informationReturning Forfeited Assets to Crime Victims: An Overview ofremission and Restoration
Returning Forfeited Assets to Crime Victims: An Overview ofremission and Restoration Introduction Returning assets to the victims of financial crime is priority in the Department s Asset Forfeiture Program.
More informationChapter 10 The Criminal Law and Business. Two elements must exist at the same time for a person to be convicted of a crime:
Chapter 10 The Criminal Law and Business Criminal Liability Two elements must exist at the same time for a person to be convicted of a crime: 1 the performance of a prohibited act (actus reus) 2 a specified
More informationYOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW
YOU VE been CHARGED with a CRIME What YOU NEED to KNOW 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation or
More informationVictim / Witness Handbook. Table of Contents
Victim / Witness Handbook Table of Contents A few words about the Criminal Justice System Arrest Warrants Subpoenas Misdemeanors & Felonies General Sessions Court Arraignment at General Sessions Court
More informationCertificates of Rehabilitation in Fresno County Filing Instructions
Certificates of Rehabilitation in Fresno County Filing Instructions 1. You must be a resident of Fresno County to file a certificate of rehabilitation in Fresno County. However, the offense may have occurred
More informationHealth Care Worker Background Check Disqualifying Crimes
April 24, 2009 Number 1274 Health Care Worker Background Check Disqualifying Crimes As reviewed in the three previous newsletters on March 27, April 3 and April 17 the Illinois Department of Public Health
More informationLaw 12 Substantive Assignments Reading Booklet
Law 12 Substantive Assignments Reading Booklet Reading # 1: Police and the Law Training and Qualifications Police officers have to go through both physical and academic training to become members of the
More informationEffective May 23, 2016 POLYGRAPH EXAMINERS
Effective May 23, 2016 POLYGRAPH EXAMINERS 16-90-1416(a)(2), Release of a sealed criminal record. (a) The custodian of a sealed record shall not disclose the existence of the sealed record or release the
More informationIN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI BRIEF OF THE APPELLANT
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI GEORGE LEE BUTLER APPELLANT v. NO. 200S-KA-0883-COA STATE OF MISSISSIPPI APPELLEE BRIEF OF THE APPELLANT MISSISSIPPI OFFICE OF I~APPEALS Erin E. Pridgen,
More informationJuvenile Seal/Expunge. By: Michelle Hawthorne, Esq. Clinical Adjunct Professor and Staff Attorney, Pro Bono Director
Juvenile Seal/Expunge By: Michelle Hawthorne, Esq. mhawthorne@fcsl.edu Clinical Adjunct Professor and Staff Attorney, Pro Bono Director Overview Juvenile Diversion Expunction Certificate of Eligibility
More informationRULES FOR LOUISIANA DISTRICT COURTS. TITLES I, II, and III Twenty-Seventh Judicial District Court Parish of St. Landry
RULES FOR LOUISIANA DISTRICT COURTS TITLES I, II, and III Twenty-Seventh Judicial District Court Parish of St. Landry Chapter: 2 Chapter Title: Dates of Court 2.0 Rule No: 2.0 None. Local Holidays in Addition
More information(Approved December 30, 2010) AN ACT
(H. B. 2167) (Conference) (No. 237-2010) (Approved December 30, 2010) AN ACT To amend Article 14, Article 216, Article 225, and Article 235, and add a new Article 235-A to Act No. 149 of June 18, 2004,
More informationMagruder s American Government
Presentation Pro Magruder s American Government C H A P T E R 24 Governing the States 2001 by Prentice Hall, Inc. C H A P T E R 24 Governing the States SECTION 1 State Constitutions SECTION 2 State Legislatures
More informationCHARACTERS IN THE COURTROOM
CHARACTERS IN THE COURTROOM Learning Objectives: Students will 1. State the positions and responsibilities of all the officers of the court. 2. Utilize problem solving skills through the use of analysis
More informationImmigration Violations
Policy 428 428.1 PURPOSE AND SCOPE - CONFORMANCE TO SB54 AND RELATED LAWS The purpose of this policy is to establish guidelines with the California Values Act, and related statutes, concerning responsibilities
More informationMARIN COUNTY SHERIFF'S OFFICE GENERAL ORDER. DATE Chapter 5- Operations GO /11/2014 PAGE 1 of 6. Immigration Status (Trust Act implementation)
MARIN COUNTY SHERIFF'S OFFICE GENERAL ORDER DATE Chapter 5- Operations GO 05-24 6/11/2014 PAGE 1 of 6 Immigration Status (Trust Act implementation) POLICY No person shall be contacted, detained, or arrested
More informationFrequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts
Frequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts WARNING: You are strongly encouraged to seek the advice of an attorney in any legal matter. If you move forward
More information2016 Legislative Session
2016 Legislative Session M-Squad May 17, 2016 Ed Klumpp Topeka Police Department Retired Legislative Liaison: Kansas Association of Chiefs of Police Kansas Sheriff s Association Kansas Peace Officers Association
More informationLearning Station #5 LEVEL ONE-13
Learning Station #5 I am an attorney, and I represent the rights of the citizens of the State of Texas in a criminal trial. It is my job to convince the jury that the defendant is guilty of breaking the
More informationHINDERING APPREHENSION OR PROSECUTION FOR TERRORISM (N.J.S.A. 2C:38-4)
Approved 10/20/03 HINDERING APPREHENSION PROSECUTION F TERRISM () The defendant is charged with the crime of hindering apprehension or prosecution of another for the crime of terrorism, in that he/she
More informationTEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. Amended Date June 1, 2017
Effective Date February 1, 2008 Reference Amended Date June 1, 2017 Distribution All Personnel City Manager City Attorney TPCA Best Practices Recognition Program Reference Review Date January 1, 2018 Pages
More informationCriminal Litigation: Step-By-Step
Criminal Law & Procedure For Paralegals Criminal Litigation: Step-By-Step 2 Getting Defendant Before The Court! There are four methods to getting the defendant before the court 1) Warrantless Arrest 2)
More informationCHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165
CHAPTER 2018-128 Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165 An act relating to written threats to conduct mass shootings or acts of terrorism; amending
More informationNote: New caption for Rule 1:38 adopted July 16, 2009 to be effective September 1, 2009.
RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY PART I. RULES OF GENERAL APPLICATION CHAPTER IV. ADMINISTRATION RULE 1:38. PUBLIC ACCESS TO COURT RECORDS AND ADMINISTRATIVE RECORDS Rule 1:38. Public
More informationA Guide for Victims & Witnesses
A Guide for Victims & Witnesses Katherine Fernandez Rundle miami's state AttoRney www.miamisao.com 1350 nw 12th Avenue, miami, FL 33136-2102 (305) 547-0100 Dear Citizen: The criminal justice system is
More informationNC General Statutes - Chapter 15A Article 26 1
Article 26. Bail. Part 1. General Provisions. 15A-531. Definitions. As used in this Article the following definitions apply unless the context clearly requires otherwise: (1) "Accommodation bondsman" means
More informationPacket Two: Criminal Law and Procedure Chapter 1: Background
Packet Two: Criminal Law and Procedure Chapter 1: Background Review from Introduction to Law The United States Constitution is the supreme law of the land. The United States Supreme Court is the final
More informationNOT DESIGNATED FOR PUBLICATION. No. 117,168 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, KENNETH MARTIN, Appellant.
NOT DESIGNATED FOR PUBLICATION No. 117,168 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. KENNETH MARTIN, Appellant. MEMORANDUM OPINION Appeal from Wyandotte District Court;
More informationEffective October 1, 2015
Modification to the Sentencing Standards. Adopted by the Alabama Sentencing Commission January 9, 2015. Effective October 1, 2015 A 3 Appendix A A 4 I. GENERAL INSTRUCTIONS - Introduction The Sentencing
More informationMONTPELIER POLICE DEPARTMENT
MONTPELIER POLICE DEPARTMENT Fair and Impartial Policing Related Policies: Stop, Arrest and Search of Persons; Motor Vehicle Stops/Searches; Limited English Proficiency This policy is for internal use
More information