Didn't see it posted anywhere else.
From claycord.com, with the original letter here, and hat tip to http://www.saysuncle.com/
Shocking, but I suppose it is a reasonable approach.
From claycord.com, with the original letter here, and hat tip to http://www.saysuncle.com/
MEMORANDUM
TO: Contra Costa County Police Chiefs’ Association
FROM: Robert J. Kochly
District Attorney
DATE: April 20, 2009
SUBJECT: New District Attorney Filing Policies
In my 35 years as a prosecutor in Contra Costa County, I have always tried to maintain a “can do” attitude in the face of cutbacks and increased demand for our services. During the last several years, I have proudly proclaimed that the Contra Costa County District Attorney’s Office has accomplished “more with less”.
Unfortunately, we have now reached a point where we cannot maintain the status quo, and I am faced with the reality of informing all of our law enforcement partners that we will definitely be doing “less with less” as a prosecution agency. With the budget cuts imposed on my office last month, we will be laying off six deputy district attorneys effective April 30th, and 11 more deputy district attorneys will have to be let go at the end of this calendar year. We can no longer continue to prosecute all crimes as we have in the past.
On the felony level, we will be reorganizing and downsizing many of our prosecution units. For the most part the changes on the felony level will be in how some cases are handled after they are filed. On the misdemeanor side, the changes will be much more drastic. We will attempt to continue filing and prosecuting certain “core” misdemeanor offenses, assuming the courts cooperate with revisions in their calendars that will enable us to meet our court appearance obligations with a severely reduced attorney staff.
The changes I am about to outline will apply to all cases delivered to the District Attorney’s Office for filing consideration on or after Monday, May 4, 2009.
For felonies, the changes involve only drug cases. We will no longer accept for review, nor will we file, any simple possession cases where the net weight (excluding packaging) of the controlled substance or the quantity of pills is below the following thresholds:
1. methamphetamine - 1.0 grams;
2. cocaine - 1.0 grams;
3. heroin - 0.5 grams;
4. vicodin, oxycontin, MDMA, valium, etc. - 5 pills
In addition, out-of-custody felony drug cases which are now being reviewed by our Drug Prosecution Unit at 900 Ward Street, Martinez, should be submitted for review to the appropriate branch felony filing deputy at our Richmond office or our 10 Douglas Drive, Martinez, office.
For misdemeanors, we will continue to review and file the following types of cases:
1. All DUI cases;
2. All domestic violence misdemeanors, including domestic violence restraining order violations;
3. Misdemeanor weapons cases if the weapon is a firearm (e.g., 417, 12025, 12031). Conversely, we will no longer review or file any non-firearm misdemeanor weapons cases (e.g., 653k, nunchuks, dirk or dagger, billy, etc.);
4. Misdemeanor vehicular manslaughter cases;
5. Misdemeanor sex crimes, such as 314.1, 647.6, and misdemeanor 290 violations. These cases, regardless of where the crime occurred, should be delivered to our Sexual Assault Unit at 900 Ward Street, Martinez, for review;
6. Misdemeanors involving police officer victims (e.g., 148, 69, 243(b)) will be reviewed on a case-by-case basis for filing, but must be presented in person to the appropriate misdemeanor filing deputy by your agency (no drop-offs);
7. Cases of assault with a weapon and some degree of injury will be reviewed on a case-by-case basis for filing, but must also be presented in person to the appropriate misdemeanor filing deputy by your agency (no drop-offs).
Of necessity, we will not be reviewing or filing a number of categories of misdemeanor offenses as partially described below. With respect to these types of cases, we ask that they not even be submitted by your agency. If they are submitted, they will be screened out by category by support staff and returned to your department without review by a deputy district attorney.
1. Misdemeanor drug offenses of any kind;
2. H&S 11550 and PC 647f cases;
3. All non-DUI driving or traffic offenses (e.g., 14601’s of any kind, 20002’s, 23103’s, 23109’s, etc.);
4. Misdemeanor property crimes (e.g., 484, 487, 503, 459, 470, 594, etc.);
5. Simple assault or battery cases
6. Trespassing or loitering cases;
7. All other misdemeanor crimes not specifically enumerated.
We will continue to review and file charges otherwise eliminated in the above list if they are part of the same case involving crimes we are continuing to prosecute (e.g., 14601 will be filed along with a DUI charge when appropriate). These new policies apply only to offenses involving adults. For the time being, filing and prosecution policies for juvenile offenders remains status quo.
Please disseminate these new policies throughout your department. There will undoubtedly be many questions raised, and unforeseen situations will arise. We stand ready to answer your questions and concerns and to assist in this difficult and drastic transition.
Shocking, but I suppose it is a reasonable approach.