Boulder County Sean P. Finn Chief Deputy District Attorney - - PowerPoint PPT Presentation

The Life of a Criminal Case in Boulder County

Sean P. Finn Chief Deputy District Attorney

Longmont Ending Violence Initiative, December 12, 2012

Arrest Crime First Appearance Pre-Trial Conference or Preliminary Hearing Trial Motions Hearing Case Management Conference or Arraignment Sentencing

The Life of a Criminal Case in Boulder County

Crime

The Life of a Criminal Case in Boulder County

What is Domestic Violence?

Definition (C.R.S. 18-6-800.3(1)) : “Domestic Violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.

Definition (C.R.S. 18-6-800.3(1)) :

“Domestic Violence” also includes any other crime against a person or against property, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has ben involved in an intimate relationship.

What is Domestic Violence?

In itself, Domestic Violence is not one particular

• crime. Any crime that can be charged can be

charged as an act of Domestic Violence.

What is Domestic Violence?

Common Domestic Violence Charges Include:

Harassment Criminal Mischief False Imprisonment Animal Cruelty Assault (First, Second or Third Degree) Murder (First or Second Degree)

What is Domestic Violence?

Arrest Crime

The Life of a Criminal Case in Boulder County

Colorado Law: Mandatory Arrest

C.R.S. 18-6-803(1) Domestic violence defendant must be arrested. When a peace officer determines that there is probable cause to believe that a crime or offense involving domestic violence has been committed, the officer shall, without undue delay, arrest the person suspected of its commission and charge the person with the appropriate crime or offense.

Colorado Law: Mandatory Arrest

C.R.S. 18-6-803(1) Domestic violence defendant must be arrested. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace

• fficer’s station for booking.

Colorado Law: Mandatory Arrest

C.R.S. 18-6-803(1) Domestic violence defendant must be arrested. A condition of every bail bond in cases of domestic violence or in cases of stalking shall be that the released person acknowledge the protection order as provided in section 18-1-1001(5), C.R.S.

Colorado Law: Mandatory Arrest

C.R.S. 18-1-1001 Protection Order Against Defendant

Colorado Law: Mandatory Arrest

C.R.S. 18-1-1001 Protection Order Against Defendant There is hereby created a mandatory protection order against any person charged with a violation of any of the provisions of this title, which order shall remain in effect from the time that the person is advised of his or her rights at arraignment or the person's first appearance before the court and informed of such order until final disposition of the action.

If a defendant is arrested Friday night on a Domestic Violence charge, when is the earliest he can bond out and why?

Arrest Crime First Appearance

The Life of a Criminal Case in Boulder County

First Appearance

C.R.S. 18-1-1001 Protection Order Against Defendant Such order shall restrain the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged.

C.R.S. 18-1-1001 Protection Order Against Defendant Other Standard Conditions may include: An order to vacate or stay away from the home of the alleged victim or witness and to stay away from any

• ther location where the victim or witness is likely to be

found;

First Appearance

C.R.S. 18-1-1001 Protection Order Against Defendant Other Standard Conditions may include: An order to refrain from contact or direct or indirect communication with the alleged victim or witness;

First Appearance

C.R.S. 18-1-1001 Protection Order Against Defendant Other Standard Conditions may include: An order prohibiting possession or control of firearms

• r other weapons;

An order prohibiting possession or consumption of alcohol or controlled substances; and

First Appearance

C.R.S. 18-1-1001 Protection Order Against Defendant Other Standard Conditions may include: Any other order the court deems appropriate to protect the safety of the alleged victim or witness.

First Appearance

C.R.S. 18-1-1001 Protection Order Against Defendant Nothing in this section shall preclude the defendant from applying to the court at any time for modification

• r dismissal of the protection order or the district

attorney from applying to the court at any time for further orders, additional provisions under the protection order, or modification or dismissal of the same.

First Appearance

In most cases, it is the victim, not the defendant, who seeks to vacate the restraining order. Victims often seek to vacate the restraining order within a week of the arrest, or less. Despite the restraining order, defendants often call victims and ask them to vacate the restraining order and/or recant their testimony (a class 4 felony). The DAs Office helps victims ask for what they want.

First Appearance

Factors that DAs consider in determining whether to

• bject to a modification of a restraining order include:

The danger to the victim, The seriousness of the offense, Cooling time, The defendant’s criminal history, Steps taken by the defendant (counseling), Any other relevant factor.

First Appearance

Bond is set at the first appearance. Most defendants are entitled to bond. The court can consider almost anything in determining the amount of bond to set, but there is a presumptive “bond schedule.” Most misdemeanor defendants are able to post bond.

First Appearance

“Bond Commissioners” interview the defendant upon his arrival at the jail. In many cases, the VPREI assessment tool is used to determine relative dangerousness and likelihood of returning to court. The court is not bound by the Bond Commissioners’ recommendations. Pre-trial supervision is often required.

First Appearance

Arrest Crime First Appearance Pre-Trial Conference or Preliminary Hearing

The Life of a Criminal Case in Boulder County

Misdemeanor cases only. Defendants or their attorneys meet with the DA one on

• ne to discuss their case and any potential plea offers.

A small percentage of cases are resolved at this stage.

Pretrial Conference

Only some felony cases are entitled to a Preliminary Hearing: Defendant remains in custody, or Class 1, 2 or 3 felony cases, or Sexually based offenses, or Charges that carry mandatory prison sentences.

Preliminary Hearing

Definition: A hearing to determine whether there is “probable cause” to believe the defendant has committed a felony offense. Must be set within 35 days of first appearance. Rules of evidence are relaxed, hearsay is admissible. Often only one or two witnesses are called to testify. Often waived by the defense.

Preliminary Hearing

Arrest Crime First Appearance Pre-Trial Conference or Preliminary Hearing Case Management Conference or Arraignment

The Life of a Criminal Case in Boulder County

Misdemeanors only. Formal court hearing before a judge. The defendant may either accept a plea (if there is one)

• r set his case for trial.

Many cases resolve at this stage.

Case Management Conference

Felony cases only. First court hearing before a District Court judge. The defendant may either accept a plea (if there is one)

• r set his case for trial.

Begins “speedy trial” clock. Often reset at least once.

Arraignment

Arrest Crime First Appearance Pre-Trial Conference or Preliminary Hearing Trial Motions Hearing Case Management Conference or Arraignment Sentencing

The Life of a Criminal Case in Boulder County

Most sentencing is done by the judge. Parties generally agree on charges to be pled to and may set a range of possible penalties. DAs and defendants (or their attorneys) make arguments as to what the sentence should be. Victims have a Constitutional right to speak.

Sentencing

Common sentencing options include: Probation Conditions may include DV / Alch. Treatment, Jail, Community service hours, Work crew, Work release, Jail (straight time). Very few defendants receive a jail sentence for a first offense.

Misdemeanor Sentencing

Common sentencing options include: Community service hours, Probation (up to 60 days jail), Intensive Supervision Probation (up to 90 days jail), Community Corrections, Department of Corrections (prison). Very few defendants go to prison on a first

• ffense.

Felony Sentencing

Sometimes the parties can agree what’s fair. The parties can agree on: The charge, The type of sentence, The length of the sentence, What conditions are to be imposed on probation (not conditions of DOC). The judge can reject any plea.

“Plea Bargaining”

A plea offer may be extended or accepted at any point in the process. Not all cases receive plea offers. The role of the prosecutor is to seek a fair result, not the maximum possible penalty.

“Plea Bargaining”

In determining an appropriate offer, the DA will consider: The seriousness of the offense, The wishes of the victim, The defendant’s criminal history, The state of the evidence, Factors unique to the individual case.

“Plea Bargaining”

Thank you

Sean P. Finn Chief Deputy District Attorney

Longmont Ending Violence Initiative, December 12, 2012