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Prosecutor 101 MICHAEL W. MELITO OFFICE of the COLORADO ATTORNEY GENERAL SPECIAL PROSECUTION UNIT May 8, 2012.

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Presentation on theme: "Prosecutor 101 MICHAEL W. MELITO OFFICE of the COLORADO ATTORNEY GENERAL SPECIAL PROSECUTION UNIT May 8, 2012."— Presentation transcript:

1 Prosecutor 101 MICHAEL W. MELITO OFFICE of the COLORADO ATTORNEY GENERAL SPECIAL PROSECUTION UNIT May 8, 2012

2 W HAT’S THE P OINT? Why prosecute crime? - Stop the conduct - Punishment - General deterrence - Specific deterrence - Enforce community expectations - Educate public - Protect Society conduct

3 Criminal Charging Decisions Factors –Need for further investigation –Nature of the Offender –Nature of the Offense –Motive –Traditional Crimes –Voluntary Disclosure/Compliance –Cooperation with law enforcement –Preventative Measures Taken Subsequent

4 Filed Directly with the Court –Statutory language –No facts Results in acquisition of Defendant to appear in court –Arrest –Summons Charging by Information/Complaint

5 Pros/Cons of Information Pros –Speed –Flexibility –Charging decisions made only by the prosecutorial team Cons –Preliminary hearings –Increases motion practice

6 Charging by Indictment Evidence presented to Grand Jury Indictment drafted for Grand Jury Deliberation to determine probable cause Upon finding of probable cause, filed with court Supervising court can order arrest and set bond amount

7 Pros/Cons of Indictment Cons –Requires presentation of case –Indictments must contain facts relied upon to indict –Grand Juries are juries Pros –No Preliminary Hearing –True Bill (usually) –Avoid allegations of malicious prosecution –Lessens Motion Practice –Evidentiary Rules –Lack of Cross Examination –Grand Juries are juries

8 Investigations/Provide information for Search Warrants or Subpoenas◄ Charging Methods -Complaint/Information/Grand Jury ◄ Pre-trial Hearings/Evidentiary Hearings ◄ Trial ◄ Sentencing ◄ You Will be Involved in: The Criminal Process

9 Ultimately the Prosecutor Needs Jury Appeal Give the case “APPEAL” (no pun intended) –Law & Order, JAG, Alley McBeal, A Few Good Men –Traffic Court is not exciting –Exploding things are exciting Why should the jury care? Theme/Story/Motive

10 Goals of Prosecutors Fairness Achieve Compliance with the Law Deter wrongful behavior Teach Public Create or foster Initiative Punish Other

11 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” P REPARATION

12 Prosecutors are actually nice people Prosecutors are actually nice people Counter your ANXIETY Thorough preparation ─ Thorough preparation Discuss weaknesses of your case ─ Discuss weaknesses of your case Show the hard work of your company/agency to protect your company and/or the public ─ Show the hard work of your company/agency to protect your company and/or the public

13 COMMON FINANCIAL CRIMES 1.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.

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17 Identity Theft

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20 WHERE TO FIND COCCA Cases? W T F COCCA Cases?

21 Violation 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.

22 Criminal Enterprise AA Criminal Behavior

23 Who are the targets? “Bummer of a birthmark, Hal” – Gary Larson

24 T HE C OURTROOM

25 C OMING TO C OURT Check in Sequestration Refresh your recollection Proper Conduct Bring a book/Ipod

26 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 D RESSING FOR C OURT

27 Discovery Civil Discovery –Work Product –Attorney/Client –Any other privileged material Criminal Discovery –Rule 16 –Work Product –…but “Brady Material”

28 Government 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 on mere suspicion or conjecture.” ─ “... 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.”

29 P OINTERS Discuss uncertainties Mistakes will be made, keep an open mind, we will… Opinions vs. Fact… tell us which Be 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

31 Sentencing Options Incarceration Probation Fines Restitution Debarment (A civil action for defendants and corporate defendants) Other options

32 Michael W. Melito Senior Assistant Attorney General (303)


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