J-SUP Municipal Court Representation First Steps with a New Case

Meeting the Client What is the goal of the first meeting? Raising the client’s comfort level Gather information Impart information

Getting the client comfortable Introductions Let client know you will discuss case with him and options Let client know you want to know why he is here from his perspective Briefly discuss attorney/client privilege

Gathering information Contact information for client, if any Anyone client wants us to contact? What are client’s goals today? Get out now so she can fight the case at any cost Get out, period Get the case over with Low fines vs. low jail

For the client who does not want to resolve the case today Most important information is what you need to argue pretrial release (also referred to as “bail” or “bond”)

For the client who wants to resolve the case today Most important information may be mitigation To present to the city attorney to plea bargain To present to Judge at sentencing

Pretrial release traditional factors Ties to the community Likelihood of conviction Prior record of criminal convictions Prior failures to appear (“FTAs”)

More contemporary way of looking at it Research shows No relationship between monetary conditions and Community safety Likelihood to appear Trend in many states, including Colorado Statutes that create a presumption of release Pretrial services offices that Assess risk for court with “objective” scoring instrument Monitor clients Help them get to court with reminders/check-ins Different levels of supervision (administrative, basic, enhanced, intensive) Check in monitoring, GPS, SCRAM, Urinalysis, etc.

Structure set up by Colorado Statute Mostly codified in C.R.S. 16-4-103 Presumption of release Preference for the least restrictive type of bond Unsecured personal recognizance bond (can have additional people on it, or additional nonmonetary conditions) Monetary amount to be posted by cash, property or surety (or bonding agent), unless court makes findings that one is appropriate Monetary/Real estate only C.R.S. 16-4-104 (types of bond) Court can use a bond schedule, but must also consider individualized characteristics

Factors in the Colorado statute (C.R.S. 16-4-103) Employment status/history Nature and extent of family relationships Past and present relationships Character and reputation Who will assist accused to appear Likely sentence for offense charged Prior criminal history and FTAs Any facts indicating possibility of law violations upon release without conditions

Factors in the Colorado statute continued Any facts indicating likelihood of witness intimidation Any other facts showing strong ties to community (so not likely to flee jurisdiction) Years in Colorado/Boulder Education Conditions that would ensure appearance If fine only, monetary conditions shall not exceed maximum fine

We Will Have a Form!!! This will help you interview on these factors This will help you structure an argument for the court on these factors

Another possible argument C.R.S. 16-4-113 Type of bond in certain misdemeanor cases. Judge shall release accused on personal recognizance if M3 or less, or any offense where maximum sentence is 6 month or less; UNLESS one or more facts is found to be present: Person failed to sufficiently identify himself or herself Person refuses to sign personal recognizance Detention is necessary to prevent imminent bodily harm to accused or another person No ties to community sufficient to ensure appearance and substantial likelihood he or she will fail to appear Prior FTA on a personal recognizance release Outstanding warrant for arrest (for pretty much anything)

C.R.S. 16-4-113 Argument Will likely only apply forcefully to only a few clients Since many will not have ties to the community or will have FTAs on prior PR bonds Does the Municipal Court know about this Statute? (the statute does not seem to provide an exception) At a minimum a good indication of how the Colorado legislature feels about pretrial release for low level offenses Likely basically being followed by these Judges, based on what we know

Arguing Pretrial Release before the court First step: Will the city attorney agree to a PR bond? If not argue Use your notes to structure argument Notes should be a detailed as possible Biographical details humanize the client before the court Argument should be detailed and formal This will show your client (as well as all of the clients in the room (not to mention the court)) that you are serious and sincere in your desire to get client out

Should DMR do a sample interview and argument?

Plea Bargaining Find out what the client wants Does she want probation? Or does she figure that is a trap? Fine? Or would one day in jail be better?

What information do we need? What is the maximum penalty for the charge? What is the Judge likely to give after trial? What is the Judge likely to give on an open plea? We find that out by watching

Some general thoughts Ask for less than the client wants Make sure you have a good idea of what the client wants Don’t be afraid to go back and forth if necessary