Presentation on theme: "Prosecutor 101 MICHAEL W. MELITO"— Presentation transcript:
1Prosecutor 101 MICHAEL W. MELITO OFFICE of the COLORADO ATTORNEY GENERALSPECIAL PROSECUTION UNITMay 8, 2012
2WHAT’S THE POINT? • Why prosecute crime? - Stop the conduct - Punishment- General deterrence- Specific deterrence- Enforce community expectations- Educate public- Protect Societyconduct
3Criminal Charging Decisions FactorsNeed for further investigationNature of the OffenderNature of the OffenseMotiveTraditional CrimesVoluntary Disclosure/ComplianceCooperation with law enforcementPreventative Measures Taken SubsequentCriminal Charging Decisions
4Charging by Information/Complaint Filed Directly with the CourtStatutory languageNo factsResults in acquisition of Defendant to appear in courtArrestSummons
5Pros/Cons of Information SpeedFlexibilityCharging decisions made only by the prosecutorial teamConsPreliminary hearingsIncreases motion practice
6Charging by Indictment Evidence presented to Grand JuryIndictment drafted for Grand JuryDeliberation to determine probable causeUpon finding of probable cause, filed with courtSupervising court can order arrest and set bond amount
7Pros/Cons of Indictment No Preliminary HearingTrue Bill (usually)Avoid allegations of malicious prosecutionLessens Motion PracticeEvidentiary RulesLack of Cross ExaminationGrand Juries are juriesConsRequires presentation of caseIndictments must contain facts relied upon to indictGrand Juries are juries
8You Will be Involved in: The Criminal ProcessYou Will be Involved in:• Investigations/Provide information for Search Warrants or Subpoenas◄• Charging Methods-Complaint/Information/Grand Jury ◄• Pre-trial Hearings/Evidentiary Hearings ◄• Trial ◄• Sentencing ◄
9Ultimately the Prosecutor Needs Jury Appeal Give the case “APPEAL” (no pun intended)Law & Order, JAG, Alley McBeal, A Few Good MenTraffic Court is not excitingExploding things are excitingWhy should the jury care?Theme/Story/Motive
10Goals of Prosecutors Fairness Achieve Compliance with the Law Deter wrongful behaviorTeach PublicCreate or foster InitiativePunishOther
11PREPARATION • Contact the prosecutor to meet • Review ALL relevant writings• Know your issues and your piece of the puzzle• “I don’t know”… is OK…• Bobby Knight: “5P’s”
12• Prosecutors are actually nice people • Counter your ANXIETY ─ Thorough preparation─ Discuss weaknesses of your case─ Show the hard work of your company/agency to protect your company and/or the public
13COMMON FINANCIAL CRIMES Theft, §Forgery, §Attempt to Influence a Public Servant, § Identity Theft, § Tax Crimes (Evasion/Failure to Pay) § Money Laundering §Colorado Organized Crime Control Act,§ et seq.
14Theft1. in the State of Colorado, at or about the date and place charged,2. knowingly,3. obtained or exercised control over,4. a thing of value,5. without authorization, or by threat or deception,6. with intent to permanently deprive the other of the use or benefit of the thing of value, and7. the value of the thing involved is XXXXX, but less than XXXXX dollars.(People v. Glenn Demarest and People v. Annabelle’s Restoration, LLC)
15Forgery1. In the State of Colorado on or about the date and place charged,2. with the intent to defraud,3. falsely made, completed, altered, or uttered a written instrument4. which was or which purported to be, or which was calculated to become or to represent if completed5. deed, will, codicil, contract, assignment, commercial instrument, promissory note, or other instrument which document did or may have evidenced, created, transferred, terminated, or otherwise affected a legal right, interest, obligation, or status(People v. Ernie Colter, People v. Uto Essian)
16Attempt to Influence a Public Servant 1. in the state of Colorado, at or about the date and place charged,2. attempted to influence a public servant,3. by means of deceit,4. with the intent to alter or affect the public servant’s decision, vote, opinion, or action concerning any matter,which was to be considered or performed by the public servant, agency or body of which he or she was a member.(People v. Daniel Stonebarger)Attempt to Influence a Public Servant
17Identity Theft That the defendant, 1. in the State of Colorado, on or about the date and place charged,2. with the intent to defraud,3. falsely made, completed, altered, or uttered or attempted to falsely make, complete, alter,4. or utter a written instrument or financial device containing personal identifying information,or financial identifying information.Of another. (Gemini and People v. Kelly Deal)
18Tax Evasion1. in the State of Colorado, at or about the date and place charged,2. willfully attempted to evade or defeat a tax administered by the Colorado Department of Revenue,3. or the payment thereof.
191. In the State of Colorado on or about the date and place charged, Money Laundering1. In the State of Colorado on or about the date and place charged,2. intentionally,3. conducted a financial transaction involving property that was represented to be the proceeds of a criminal offense, or involving property that the defendant knew or believed to have been used to conduct or facilitate a criminal offense to:4. [promote the commission of a criminal offense] OR [conceal or disguise the nature, location, source, ownership, or control of property the defendant believed to be the proceeds of a criminal offense] OR [avoid a transaction reporting requirement under federal law](New to me and CO. Generally, in the past = drug cases)
20WHERE TO FIND COCCA Cases? W T F COCCA Cases?WHERE TO FIND COCCA Cases?
21Violation Of The Colorado Organized Crime Control Act—Participation In An Enterprise 1. in the State of Colorado, at or about the date and placed charged,2. while employed by, or associated with any enterprise,3. knowingly,4. conducted or participated, directly or indirectly, in such enterprise, through a pattern of racketeering activity.
22Criminal Enterprise A A Criminal Behavior Have CI sketch out how they think the group is organizedCriminal Behavior
23Who are the targets?“Bummer of a birthmark, Hal”– Gary Larson
25COMING TO COURT • Check in • Sequestration • Refresh your recollection • Proper Conduct• Bring a book/Ipod
26DRESSING FOR COURT • Dress as a professional • If your agency/company regularly wears a uniform, wear it• Look like you have been to court before• First impression key to your credibility
27Discovery Civil Discovery Criminal Discovery Work Product Attorney/ClientAny other privileged materialCriminal DiscoveryRule 16Work Product…but “Brady Material”
28Government has the burden of proof ─ Must prove guilt beyond a reasonable doubt─ “. . . proof of such a convincing character that, after consideration, you would be willing to rely and act upon it without hesitation in your important affairs. A defendant is never to be convicted on mere suspicion or conjecture.”
29POINTERS Discuss uncertainties Mistakes will be made, keep an open mind, we will…Opinions vs. Fact… tell us whichBe eager to do more investigation when requested
30• Let the Justice System do its job ─ Honesty ─ Track all Evidence• It is not a game or a contest
31Sentencing Options Incarceration Probation Fines Restitution Debarment (A civil action for defendants and corporate defendants)Other options
32Senior Assistant Attorney General Michael W. MelitoSenior Assistant Attorney General(303)