TIPS FOR THE BEGINNING PROSECUTOR - Trial Theater

1 TIPS FOR THE BEGINNING PROSECUTOR (SOME OF THE STUFF I WISH I D KNOWN MY FIRST DAY ON THE JOB) by Elliott Wilcox - 2 - THIRD PRINTING Copyright 2005 - 2006 by Elliott Wilcox. All Rights Reserved. You may reprint this publication as long as it remains complete and unaltered (including the Free Trial Advocacy Tips information at the end.) Tips for the BEGINNING PROSECUTOR - 3 - TABLE OF CONTENTS VOCABULARY SHORTHAND WHERE DO I STAND, WHAT DO I SAY?..8 BOND DETERMINATION OF MOTIONS TO MOTIONS TO 10 PRE- Trial CONFERENCES/CALENDAR 10 HOW TO: PREPARE A 10 CONTACT YOUR 11 LIST YOUR 13 LIST YOUR 14 REQUEST FOLLOW UP 15 CREATE A PLEA 15 FORMULATE Trial 16 PARTING 16 - 4 - PREFACE I graduated from law school on Saturday. On Sunday, I moved all of my stuff to a new town. Monday, I was standing in front of a judge and representing the State of Florida. By Friday, I was picking a jury and trying my first case.

2 Like Socrates, the only thing I knew was that I knew nothing. This is a collection of some of the stuff I wish someone had told me that first day on the job. Tips for the BEGINNING PROSECUTOR - 5 - VOCABULARY LIST (Please note, much of this list is specific to Florida) Capias. An arrest warrant issued by the judge. Typically issued if a defendant fails to appear for a court hearing. (Judge: The defendant has failed to appear for Trial . Forfeit his bond and issue a capias for $25, ) Dewey. [Doo-ee]. Slang for , or Driving Under the Influence. Drug court. A drug diversion program designed to treat drug users rather than punish them. Defendants can have their charges dismissed if they successfully complete this program. Guidelines/Guidelines sentence. The recommended sentence as determined by the Criminal Punishment Code. [FLORIDA RULE OF CRIMINAL PROCEDURE (a)] Mapping zone; mapping area. In prostitution cases, defendants on probation are often ordered not to return to the mapping zone, a specific area known for its prostitution and drug dealing activity.

3 Nelson hearing. If a defendant asks to fire his court-appointed attorney due to irreconcilable differences or incompetence, the court must conduct a Nelson hearing. Nelson v. State, 274 So. 2d 256, 258-59 (Fla. 4th DCA 1973). Pen pack. Penitentiary packet. These documents from the Department of Corrections are used to prove the defendant s last release date from custody. Richardson hearing; Richardson inquiry. Discovery violation hearing. If a party alleges a violation of the discovery rules, the court must conduct a Richardson inquiry. There are three parts to the inquiry: 1.) Was there a discovery violation? 2.) Was it willful or inadvertent? 3.) Was there any prejudice to the aggrieved party? Richardson vs. State, 246 771 (Fla. 1971). Scoresheet. A compilation of the defendant s criminal history and the recommended sentence as determined by the Criminal Punishment Code. [FLORIDA RULE OF CRIMINAL PROCEDURE (a)] Standard first.

4 Shorthand for the standard conditions of a first-time offender s sentence. Standard conditions include adjudication of guilt, 6 months probation, 50 hours of community service, enroll and complete the counterattack school, enroll and attend the victim awareness program, impound the vehicle for 10 days, and a 6 month driver s license suspension. Williams rule evidence. Similar fact evidence. When the State intends to prove identity or motive through similar fact evidence, it must formally notify the defense of its intention to introduce evidence of these prior acts or crimes. Williams v. State, 110 So. 2d 654, 663 (Fla. 1959), now codified at (2). - 6 - SHORTHAND LANGUAGE Here are some of the shorthand notes you will find written on your file Automated Fingerprint Identification Systems. ACS. Alternative Community Service. Typically written as 100 ACS, this means 100 hours of community service to be performed through the Alternative Community Service program.

5 ADJ. Adjudicated guilty. ARN. Arraignment. ARR. Arrest. ARRN. Arraignment. APD. Assistant Public Defender. ASA. Assistant State Attorney (that s you.) B/F. Black female. B/M. Black male. Battery on a Law Enforcement Officer. See also, BLEO. BLEO. Battery on a Law Enforcement Officer. See also, Corrections officer C/S. Community service. (Usually written as 50 C/S 50 hours of community service) CTS. Credit for Time Served. D (or ) . Defendant. DCF. Department of Children and Families. DNS. Do Not Subpoena. DOB. Date of Birth. DOC. Department of Corrections (prison). DOC. Determination of Counsel hearing. DRE. Drug recognition expert DUI. Driving Under the Influence of drugs or alcohol [ ] DUS. Driving Under Suspension. [ ] DV. Domestic Violence. DWLR. Driving While License Revoked. [ ] DWLS. Driving While License Suspended. [ ] F1. First degree felony, punishable by 30 years imprisonment or $15, fine. F1 PBL.

6 1st degree felony, punishable by life imprisonment. F2. Second degree felony, punishable by 15 years imprisonment or $10, fine. F3. Third degree felony, punishable by 5 years imprisonment or $ fine. Florida Crime Information Center. The Florida version of the FD. Fire Department. FDLE. Florida Department of Law Enforcement. Florida Prosecuting Attorneys Association. FTA. Failure to appear . G. Guilty plea. G/Adj. Pled guilty, adjudicated guilty. H/F. Hispanic female. H/M. Hispanic male. HFO. Habitual Felony Offender. HVFO. Habitual Violent Felony Offender. LEO. Law Enforcement Officer. L/M. Left message. (ex. Called Joe Smith, l/m re: plea or Trial ? ) LVS. Low Volume Sample (from DUI cases with an intoxilyzer result) Modus Operandi. Method of Operation. M/_____. Shorthand for Motion hearing. Examples: M/Limine (Motion in Limine), M/Suppress (Motion to suppress). M1. First degree misdemeanor. Maximum 1 year jail or $ fine.

7 Tips for the BEGINNING PROSECUTOR - 7 - M2. Second degree misdemeanor. Maximum 60 days jail, 6 months probation, or $ fine. MHH. Mental Health Hearing. MTD. Motion to Dismiss. MTS. Motion to Suppress. National College of District Attorneys National Crime Information Center. A nationwide criminal history search. NC (or N/C). No Contest or Nolo Contendre. NVDL. No Valid Driver s License. [ ] PC. Probable cause. PD. Police Department. (ex. NYPD: New York Police Department) PD. Public Defender. PO. Probation Officer. Poss. MJ<20g. Possession of marijuana (less than 20 grams). [ (6)(b)] PRR. Prison Releasee Reoffender. PTC. Pre- Trial Conference. PTD. Pre- Trial Diversion. This is a program sponsored by the State Attorneys Office. Upon successful completion of the program, the defendant s charges are dismissed. PTI. Pre- Trial Intervention. This program is similar to PTD but is sponsored by the court. Jurisdiction is limited by the legislature to certain drug offenses.

8 PBL. Punishable By Life. RWOV. Resisting an Officer Without Violence. [ ] S9. Status check. Sheriff s office (ex. PBSO: Palm Beach Sheriff s Office) SOP. Sex Offender Probation. S/P. Supervised Probation. SSN. Social Security Number. T. Trial date. TGOA. To Get Own Attorney (sometimes pronounced TOGA ) V. Victim. VA. Victim Advocate. VIN. Vehicle Identification Number. V/M. Voice mail. VOP. Violation of Probation. VPH. Violation of probation hearing. VT. Victim. W. Witness. W/F. White female. W/M. White male. I m sure there are other abbreviations that I missed. If you would please email me any additional shorthand language used in your office, I will include it in the next update. Please send your suggestions to - 8 - WHERE DO I STAND, WHAT DO I SAY? BOND HEARINGS What should I do in advance? Notify victims of the date, time, and location of the bond hearing. Also notify any witnesses who will testify at the hearing.

9 Prepare a list of the defendant s prior arrests and convictions, prior failures to appear for court hearings. In more serious cases, prepare a responsive motion outlining the reasons why the defendant is a risk to the community or a flight risk. Where do I stand? Some judges will allow you to remain at the counsel table, but you will be more persuasive if you stand at the lectern and address your comments to the judge. If there are two lecterns, you should stand at the appropriate lectern when questioning witnesses or addressing the court. Order of events. The clerk calls the case. The judge asks who represents each of the parties. Stand to address the court, and say, [YOUR NAME] for the State. The Court will ask for testimony. The defense has the burden if they re seeking to lower the bond; the State has the burden when seeking pre- Trial detention. Typically these motions are filed by the defense, so they will go first.

10 After each witness testifies, the State has an opportunity to cross-examine. Remember, you can t ask the defendant about any prior convictions or the facts of this pending case (unless their testimony opens the door to that material). At the conclusion of the defense s testimony, the State has an opportunity to present testimonial evidence. You may also proffer the defendant s prior criminal history or any failures to appear . Typical issues: Whether the defendant poses a flight risk or a danger to the community. Here are some of the factors the judge should consider: Source of funding for the bond (will the defendant put up his own money, or will someone else?) Defendant s ties to the community Nature and circumstances of the pending offense Weight of the evidence against the defendant Potential penalty of the pending offense Prior criminal history Prior failures to appear for court Defendant s family ties and ties to the community Length of residence in the community Employment history Mental condition or drug addiction Previous flight to avoid prosecution Nature and probability of danger to the community Whether the defendant was already on conditional release when this offense was committed Tips for the BEGINNING PROSECUTOR - 9 - WHERE DO I STAND, WHAT DO I SAY?