TIPS FOR THE BEGINNING PROSECUTOR

[Pages:18]TIPS FOR THE BEGINNING PROSECUTOR

(SOME OF THE STUFF I WISH I'D KNOWN MY FIRST DAY ON THE JOB)

by

Elliott Wilcox



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.)

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Tips for the Beginning Prosecutor

TABLE OF CONTENTS

PREFACE.........................................................................................................................................................4 VOCABULARY LIST.................................................................................................................................5 SHORTHAND LANGUAGE..................................................................................................................6 WHERE DO I STAND, WHAT DO I SAY?....................................................................................8

BOND HEARINGS .......................................................................................................................8 DETERMINATION OF COUNSEL ......................................................................................9 MOTIONS TO WITHDRAW..................................................................................................9 ARRAIGNMENTS .........................................................................................................................9 MOTIONS TO SUPPRESS .................................................................................................... 10 PRE-TRIAL CONFERENCES/CALENDAR CALLS................................................... 10 HOW TO: PREPARE A CASEFILE................................................................................................ 10 CONTACT YOUR VICTIM................................................................................................... 11 LIST YOUR WITNESSES ...................................................................................................... 13 LIST YOUR EVIDENCE.......................................................................................................... 14 REQUEST FOLLOW UP INVESTIGATION................................................................ 15 CREATE A PLEA OFFER....................................................................................................... 15 FORMULATE TRIAL STRATEGIES................................................................................. 16 PARTING TIPS.......................................................................................................................................... 16

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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. 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.

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Tips for the Beginning Prosecutor

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 $25,000.00") Dewey. [Doo-ee]. Slang for "D.U.I.," 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 3.992(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. 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 So.2d 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 3.992(a)] Standard first. Shorthand for the standard conditions of a first-time D.U.I. offender's sentence. Standard conditions include adjudication of guilt, 6 months probation, 50 hours of community service, enroll and complete the D.U.I. 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 F.S.S. 90.404(2).

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SHORTHAND LANGUAGE

Here are some of the shorthand notes you will find written on your file folders:

A.F.I.S. Automated Fingerprint Identification DWLR. Driving While License Revoked.

Systems.

[F.S.S. 322.34]

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.

ADJ. Adjudicated guilty.

ARN. Arraignment.

ARR. Arrest.

DWLS. Driving While License Suspended. [F.S.S. 322.34]

F1. First degree felony, punishable by 30 years imprisonment or $15,000.00 fine.

F1 ? PBL. 1st degree felony, punishable by life imprisonment.

F2. Second degree felony, punishable by 15 years imprisonment or $10,000.00 fine.

ARRN. Arraignment. APD. Assistant Public Defender. ASA. Assistant State Attorney (that's you.) B/F. Black female. B/M. Black male. Batt.LEO. Battery on a Law Enforcement Officer. See also, BLEO. BLEO. Battery on a Law Enforcement Officer. See also, Batt.LEO. C.O. 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

F3. Third degree felony, punishable by 5 years imprisonment or $5000.00 fine.

F.C.I.C. Florida Crime Information Center. The Florida version of the N.C.I.C.

FD. Fire Department.

FDLE. Florida Department of Law Enforcement.

F.P.A.A. 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)

DUI. Driving Under the Influence of drugs or alcohol [F.S.S. 316.93]

DUS. Driving Under Suspension. [F.S.S. 322.34]

M.O. Modus Operandi. Method of Operation.

M/___________. Shorthand for Motion hearing. Examples: M/Limine (Motion in Limine), M/Suppress (Motion to suppress).

DV. Domestic Violence.

M1. First degree misdemeanor. Maximum 1 year jail or $1000.00 fine.

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Tips for the Beginning Prosecutor

M2. Second degree misdemeanor. Maximum 60 days jail, 6 months probation, or $500.00 fine.

MHH. Mental Health Hearing.

MTD. Motion to Dismiss.

MTS. Motion to Suppress.

N.C.D.A. National College of District Attorneys

N.C.I.C. National Crime Information Center. A nationwide criminal history search.

NC (or N/C). "No Contest" or "Nolo Contendre."

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.

PBL. Punishable By Life.

RWOV. Resisting an Officer Without Violence. [F.S.S. 843.02] S9. Status check.

S.O. Sheriff's office (ex. PBSO: Palm Beach Sheriff's Office)

SOP. Sex Offender Probation.

S/P. Supervised Probation.

NVDL. No Valid Driver's License. [F.S.S. 322.03]

PC. Probable cause.

PD. Police Department. (ex. NYPD: New York Police Department)

PD. Public Defender.

PO. Probation Officer.

Poss. MJ ................
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