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Number of divisions in Bureau of Specialized Prosecutions?
Name specialized divisions in the DA's office?
- Family Violence
- Hardcore gangs
- Major Crimes
- Organized Crimes
- Major Fraud
- Sex Crimes
- Target Crimes
JDX of FVD
- 1) Vertically prosecute aggravated crimes of DV w/*in Central District*;
- 2) Provide legal support and resources for all DV prosecutions throughout the office;
- 3) Provide training, consultation and support to other county departments, law enforcement and other relevant councils and committees
Specific to FV?
Referrals for expert witnesses in DV made from FVD
JDX of Hardcore?
Vertically prosecute serious and violent felonies in which victim or suspect is a gang member
Does Hardcore only handle murder and attempts?
- Not always; because the criminal activity of certain gangs the scope of the cases handled include bribery, extortion, and other non-violent felonies
- (i.e. CLEAR – when grant funding allows for community-based programs targeting specific gangs or geographic areas)
JDX of Juvenile?
Prosecute all crimes – felony and misdemeanor – committed by juvies
# of Juvenile facilities? Breakdown?
10 total. North and South
Breakdown of Juvenile North?
- Antelope Valley
Breakdown of Juvenile South?
- Long Beach
- Kenyon (JJC)
- Los Padrinos
JDX of Major Crimes?
Vertically prosecute major crimes and significant cases of public interest – typically complex and involve high-profile crimes or defendants
Specific to Major Crimes?
Crimes committed by prison gangs
JDX of Major Narcotics?
Vertically prosecute cases involving significant narco trafficking & manufacturing organizations throughout LA
Specific to Major Narcotics?
- Responsible for coordinating, preperation & and execution of all wiretaps issued by the office
JDX of Organized Crime?
Vertically prosecute criminal enterprises organized to conduct illegal activity (murder, solicitation, hijacking, extortion, kidnapping, insurance fraud, loan sharking, gambling, forgery, pimping, pandering, terrorist related activity) OR organized to supply illegal goods/services
Specific to Organized Crime?
Includes Hate Crimes Division
What does the Hate Crimes Division specifically cover?
Felonies motivated by V’s actual/perceived race, color, national origin, ancestry, religion, disability, gender, sexual orientation
What are the 3 criterion for Hate Crimes prosecutions?
- 1) Involves GBI/Death
- 2) Crimes is perpetrated by Organized Hate Crime
- 3) Contain Complex/Media Attention
JDX of Sex Crimes?
Vertically prosecute felonies involving sexual assault & child molestation in Central District
Which specialized units are geographically limited in JDX?
- Family Violence
- Sex Crimes
Which specialized units are countywide?
- Major Crimes
- Major Narcotics
- Organized Crimes
What are the 4 divisions within Target Crimes?
- CAPOS - Crimes Against Police OfficerS
- STAT - Stalking Threat Assessment Team
- TRAP - Taskforce for Regional Autotheft Prevention
Responsibility of Arson unit?
- Vertically prosecute significant arson-related crimes countywide
What type of cases are prosecuted by the Arson Unit?
- 1) When arson is a substantial factor in the cause of death;
- 2) Arson caused GBI;
- 3) Arson of an inhabited dwelling;
- 4) Complex arsons involving $$$;
- 5) Serial arsonists;
- 6) Defendants with prior arson convictions
What type of cases are prosecuted by CAPOS?
- Vertically prosecute cases where:
- 1) PO is killed,
- 2) Shot or seriously wounded &
- 3) Select cases involving force/threat of force against PO
What type of cases are prosecuted by STAT?
- Vertically prosecute stalking involving:
- 1) Firearm or DW;
- 2) V (or their family member) 187/GBI;
- 3) Prior strike conviction or;
- 4) Prior stalking/422 conviction;
- 5) Complex, serious or long-term (i.e. multiple offenses, witnesses, agencies, locations/agencies, victims);
- 6) Widespread Interest;
- 7) V is city/county/state official OR govt employee
What type of cases are prosecuted by TRAP?
Interagency taskforce targeting car theft rings countywide --> focusing on prosecuting professional auto theft operations
TRAP specifically promotes ...
Promotes coordinated effort & Encourages Max cooperation/w law enforcement and prosecution agencies
What type of case does TRAP handle & the requirements?
Complex auto thefts committed by organized criminal syndicates --> REQUIRED TO PRIORITIZE prosecutions with regional teams
In addition to prosecution, TRAP deputies must ...
Assist task force detectives/investigators handle forfeiture matters & generate legislation
Whose approval is needed to file more than 15 counts?
Why do you need approval to file more than 15 counts?
- Avoid unmanageable cases
Should filing DA ever file more than 15 counts?
Filing deputy must remain flexible b/c don’t want to preclude filing counts where it is appropriate
When should deputy file all appropriate charges relating to a single course of conduct?
- 1) Policies as to evidentiary sufficiency &;
- 2) Appropriate charge level satisfied;
- 3) Not a technical charge but --> is separate criminal conduct OR theory of liability
What are the requirements for filing unrelated crimes?
Must comply with rules of joinder
When is it appropriate for filing deputy to restrict the number of counts filed? Example?
In order to avoid the use of an excessive number of witnesses when the crimes that ARE charged adequately describe the defendant’s conduct. Example would be burglary or robbery where number of employees are present and could each categorized as a victim.
What is and isn't an appropriate charge level with multiple defendants?
Arbitrarily limiting the # of charges can prejudice the DA, whereas it doesn’t prejudice the rights of the accused since at least one count has been filed. Limiting counts is not a concern for the rights of the accused b/c courts rarely impose consecutive sentences for charges that arise from a single event & PC 654 provides adequate protection the accused at P&S
What is the appropriate charge level with multiple defendants?
Where multiple defendants CAN be charged with a felony & at least one appears to DESERVE a felony sentence --> ALL should be charged initially
What is the legislature's preference re: multiple defendants?
The legislature has expressed a preference for joining defendants in the CA Constitution
What is the rationale behind filing all felonies, when appropriate, for multiple defendants?
Separate felony and misdemeanor prosecutions in the case of CO-D’s is a waste of judicial resources & an unnecessary inconvenience to wits --> therefore should be AVOIDED
Will a co-D deserving of a misdemeanor be sentenced to a felony if that was the original charge?
No. Can still fashion misdemeanor dispo & court can exercise PC 17(b)(5)
Who is responsible for providing documentation re: prior conviction when that is the corpus of the felony?
I/O before filing
What is the policy re: filing 5 year enhancements?
SHALL file when under PC 667(a)(1) both the prior and current offense are serious felonies; MUST be served in addition to other terms imposed under 3 strikes
What are the charging standards for juvenile cases?
Same standards/guidelines as ADULTS
What is the procedure for prosecuting a juvenile in adult court?
- 1) Fitness proceeding (WIC 707(a) – (c);
- 2) Mandatory Direct (WIC 602(b)) & ;
- 3) Discretionary Direct Filing (WIC 707(d))
What is the procedure for certifying a minor to adult court?
The minor is deemed UNFIT in a fitness hearing and the juvenile court certifies the minor to adult court
Whose approval filing reject OR deviation after minor deemed unfit?
When can the adult filing on the unfit minor deviate from the juvenile filing?
- 1) Change in facts or law;
- 2) Error OR Omission from original charges
Under what circumstances would the adult court send case to juvenile court?
When it is suggested by the defense OR it appears to the judge that the defendant is a minor
What occurs when D's age is questioned in adult court?
Proceedings are immediately suspended – NOT dismissed --> to “examine into the age of the person (WIC 604)