2019.10.22 CC Packet - Laserfiche WebLink

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5 G. PROSECUTORIAL PHILOSOPHY REGARDING PUBLIC SAFETY As city prosecutors, our cases involve misdemeanor and gross misdemeanor level offenses for domestic violence-related cases, DWIs, thefts, driving offenses, and code violations. We approach these cases as follows: 1. Domestic Violence-Related Cases Our firm attaches the highest importance to domestic violence-related cases. We attempt to obtain qualified domestic violence-related convictions whenever possible so that subsequent offenses are “enhanced,” or charged out at a gross misdemeanor or felony level, ensuring that the full weight of the criminal justice system is utilized to try and deter this behavior. 2. DWI Offenses We also place great emphasis on the prosecution of DWI cases, and do not plea bargain these offenses below the mandatory minimum sentences set forth in the DWI statutes unless the circumstances of the case dictate otherwise. Due to our tough stance on DWI cases, we conduct contested hearings and jury trials in DWI cases on a regular basis. 3. Thefts Our firm’s approach to theft cases depends upon the previous theft history of a defendant. For those persons with no convictions, we will almost always offer them the opportunity for a diversion program and restitution, unless the circumstances of the theft involved assaultive behavior. For persons with limited criminal history, we typically offer a plea with a stayed sentence, restitution to the victim of the theft, and a no same or similar condition of probation. Community service work is often incorporated into these agreements. For those offenders with extensive criminal history demonstrating that they are a thief, we typically seek executed jail time to punish and deter this behavior. 4. Code Violations We are very experienced with handling code violation cases. The goal in these cases is compliance, not punishment. We will work closely with either the police department or building officials to resolve these cases. For most first-time offenders we will dismiss the case if the code violation is resolved early on. For those cases requiring a trial, we will seek a stayed jail sentence, with a condition of probation that the violation be resolved to the City’s satisfaction within a short period of time. Our experience is that very few code violation cases end in trial. In at least two cases, however, offenders have served jail time for repeated violations.