THE CLOSER ENFORCEMENT IS EFFECTIVE ONLY WHEN IT IS ENFORCEABLE

Transcription

1 THE CLOSER ENFORCEMENT IS EFFECTIVE ONLY WHEN IT IS ENFORCEABLE

2 COURTING THE COURTROOM Prepared and Presented by Candace Chappell Senior Assistant City Attorney City of Irving, Texas Irving, Texas (Fax)

3 COURTROOM PARTICIPANTS

4 WHO S WHO Judge fact finder & referee Prosecutor city attorney (for the state) Defendant/Defense Attorney accused Witnesses provider of evidence/information Marshal/Bailiff security Clerk (sometimes in the courtroom) - recorder Jury (if a jury trial) fact finder

5 THE JUDGE Neutral listens and sees everything Knowledge of the legal requisites Understands options and able to make decisions regarding alternatives Makes legal rulings and referees the participants during a trial

6 THE PROSECUTOR Decides what complaints ( charges ) will be filed and pursued Works with the peace officers and investigators in presenting the case Presents evidence (through witnesses and documents) to establish guilt beyond a reasonable doubt Pursues Justice

7 DEFENDANT/DEFENSE ATTORNEY Disputes the allegation by contesting and questioning the evidence Presents evidence to challenge the State s evidence and the credibility of the State s witnesses Presumed innocence until proven otherwise Not a bad person, just making bad choices

8 WITNESS Presents facts and surrounding circumstance information through questions asked by either prosecutor or defendant Prosecution witnesses are generally a police officer, city enforcement officer or a victim witness to an alleged violation of the law Defense witnesses are generally the defendant, a witness, a passenger, a companion

9 Unlocking the legal process

10 Case Disp0sition Options Prior to trial Compliance for a dismissal Pay the fine or request community service in lieu of fine Plea bargain during a pre-trial setting Code Enforcement Community Service Home-based community service Must keep property clean of all violations for 60 days after plea Fine amounts will be credited with the compliance

11 CONCEPT OF A TRIAL Defendant is presumed innocent until the State proves case beyond a reasonable doubt Burden of proof, therefore, is on the State Defendant has absolute right not to testify Fifth Amendment Right Evidence comes solely from the Witness stand Including testimony, documents, photographs, diagrams Judge is the KING OF THIS KINGDOM When the Judge speaks EVERYBODY must listen and obey

12 HOW A TRIAL PROCEEDS JUDGE-BENCH Pre-trial motions will be heard (if any) Reading of the Complaint Entry of the Plea Opening Statements State s Case in Chief Witness testimony Defense Case Closing Argument Verdict JURY Pre-trial motions will be heard (if any) Reading of the Complaint Entry of the Plea Opening Statements State s Case in Chief Witness testimony Defense Case Closing Argument Verdict

13 Back to Basics State presents the case (recall the burden of proof) Witnesses testify and enter into evidence any documentation Direct examination Telling a story about the violation through question and answer Cross examination-questions posed by the defense Re-direct and re-cross examination-further developing of the story with anything new or different that what has already been testified to When the State has presented their evidence and has established the offense occurred and has proven this beyond a reasonable doubt, the State rests

14 Trial continues... Remember defendant/accused has absolute right not to testify Defense may call witnesses Direct examination defense tells their story Cross examination prosecutor has opportunity to question defense witnesses and test their stories Redirect and re-cross examination anything new or different Invoking THE RULE Either party may invoke this Rule RULE witnesses are not allowed to hear anyone else s testimony-nor discuss their own testimony until the trial is over

15 Finally... Prosecution and Defense have the opportunity to recap what evidence has been presented and how it supports their case and negates the other sides contentions THE VERDICT Not Guilty this does happen... Guilty Fine impose If paid case closed If not paid warrant for arrest will issue If arrested- may serve time in jail If not arrested case remains unpaid

16 MAKING THE CASE

17 CITATION Documentation of the violation Gives Notice (elements of violation) Formal filing with the court Provides necessary information for generating the complaint The Complaint is the actual charging instrument

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19 COMPLAINT This is the charging instrument It is based on the CITATION Alleges ELEMENTS of the offense WHO CAN BE HELD ACCOUNTABLE DATE OF VIOLATION LOCATION OF VIOLATION DETAILS OF WHAT WAS OBSERVED THAT CONSTITUTE A VIOLATION

20 VIOLATOR/ACCUSED PERSON individual, corporation, business trust, estate trust, partnership, association, or any other legal or commercial entity Owner, Harborer (in control of the animal) Occupant/Tenant (in control of the property) Agent, Manager, Employee A broader definition in the Ordinance increases the likelihood of getting someone s attention and hopefully compliance

21 Identifiers of the violator Name Date of Birth, Driver s License Number or Government Identification Card These two are required in order to be able to sufficiently describe the accused as the violator Address where violator may be contacted (served with process) Telephone numbers are VERY helpful Race and Sex are necessary if a warrant needs to be issued

22 WHEN MUST HAVE!!!!! Required to put the person on notice of the date the violation was observed and documented Not necessarily the same date the citation is issued Inaccurate may cause: Dismissal - If after the date of the alleged violation as an impossible date Defense attack to credibility of witness if another date prior to date of violation

23 WHERE Specific address necessary Specifies WHERE the violation was observed or occurred Address for the named violator may not be the same as the address where the violation occurred Establishes within the territorial limits of the City of Spookville, Creepy County, Indiana (Jurisdiction)

24 WHAT Description that correlates with the violation code caption The violation code/or cite to the City Ordinance that provides that the activity/condition is a violation DETAILS/description of what is observed that constitutes the violation Gives violator NOTICE of what is being considered as a violation of city ordinance

25 HOW The full and complete citation which becomes the charging instrument Investigative reports and notes (history) PHOTGRAPHS Always the BEST Worth a thousand words Puts the Judge or Jury in your place at the time and location THE ORDINACE

26 CHALLENGES WITH PROSECUTION

27 Junked Vehicles Junked Vehicle is defined as a vehicle that is self propelled and does not have lawfully attached to it: an unexpired license plate; and is wrecked, dismantled or partially dismantled or discarded; or inoperable and has remained inoperable for more than: 72 consecutive hours, if the vehicle is on public property; or 30 consecutive days if the vehicle is on private property.

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33 Some basic issues... How would you prosecute...

34 Fence with character

35 The collection bin that keeps on giving

36 Garage overfloweth

37 Look what followed me home last night

38 Waiting on the donation truck

39 Renovation in progress

40 It was a driveway last night...

41 Neighborhood gym

42 Wash n Water patent pending

43 Reseeding for next season...

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45 I knew the neighbors were up to something

46 Your Role in All of This Madness YOU are the person the City and citizens rely on to address issues in the community YOU are trained to interpret and apply the ordinances and law YOU MUST follow all legal procedures, respect legal protections and balance your passion BE TRUE TO YOURSELF never jeopardize your integrity with the public, your employer, or the court Your integrity is what makes you who you are

47 GO FORTH Enjoy what you have chosen to do Be happy with knowing you are helping others Be confident in your skills Be proud to be part of our Judicial system Learn something new everyday AND, OF COURSE, HAVE FUN

48 AND SMILE ALL THE WHILE