Prosecutor 101 MICHAEL W. MELITO OFFICE of the COLORADO

Prosecutor 101 MICHAEL W. MELITO OFFICE of the COLORADO ATTORNEY GENERAL SPECIAL PROSECUTION UNIT May 8, 2012

WHAT’S THE POINT? Why prosecute crime? - Stop the conduct - Punishment - General deterrence - Specific deterrence - Enforce community expectations - Educate public - Protect Society conduct

Factors – – – – – – Criminal Charging Decisions Need for further investigation Nature of the Offender Nature of the Offense Motive Traditional Crimes Voluntary Disclosure/Compliance – Cooperation with law enforcement – Preventative Measures Taken Subsequent

Charging by Information/Complaint Filed Directly with the Court – Statutory language – No facts Results in acquisition of Defendant to appear in court – Arrest – Summons

Pros/Cons of Information Pros Cons – Speed – Preliminary hearings – Flexibility – Increases motion – Charging decisions made practice only by the prosecutorial team

Charging by Indictment Evidence presented to Grand Jury Indictment drafted for Grand Jury Deliberation to determine probable cause Upon finding of probable cause, filed with court Supervising court can order arrest and set bond amount

Pros/Cons of Indictment Pros – No Preliminary Hearing – True Bill (usually) – Avoid allegations of malicious prosecution – Lessens Motion Practice – Evidentiary Rules – Lack of Cross Examination – Grand Juries are juries Cons – Requires presentation of case – Indictments must contain facts relied upon to indict – Grand Juries are juries

The Criminal Process You Will be Involved in: Investigations/Provide information for Search Warrants or Subpoenas Charging Methods -Complaint/Information/Grand Jury Pre-trial Hearings/Evidentiary Hearings Trial Sentencing

Ultimately the Prosecutor Needs Jury Appeal Give the case “APPEAL” (no pun intended) – Law & Order, JAG, Alley McBeal, A Few Good Men – Traffic Court is not exciting – Exploding things are exciting Why should the jury care? Theme/Story/Motive

Goals of Prosecutors Fairness Achieve Compliance with the Law Deter wrongful behavior Teach Public Create or foster Initiative Punish Other

PREPARATION Contact the prosecutor to meet Review ALL relevant writings Know your issues and your piece of the puzzle “I don’t know” is OK

Prosecutors are actually nice people Counter your ANXIETY Thorough preparation Discuss weaknesses of your case Show the hard work of your company/agency to protect your company and/or the public

COMMON FINANCIAL CRIMES 1.Theft, § 18-4-401 2.Forgery, § 18-5-102 3.Attempt to Influence a Public Servant, § 18-8-306 4.Identity Theft, § 18-5-902 5.Tax Crimes (Evasion/Failure to Pay) § 39-21-118 6.Money Laundering § 18-5-309 7.Colorado Organized Crime Control Act, § 18-17-101 et seq.

WHERE WT TO F FIND COCCA Cases?

Violation Of The Colorado Organized Crime Control Act—Participation In An Enterprise 1. in the State of Colorado, at or about the date and placed charged, 2. while employed by, or associated with any enterprise, 3. knowingly, 4. conducted or participated, directly or indirectly, in such enterprise, through a pattern of racketeering activity.

Criminal Enterpris e A Criminal Behavior A

Who are the targets? “Bummer of a birthmark, Hal” – Gary Larson

THE COURTROOM

COMING TO COURT Check in Sequestration Refresh your recollection Proper Conduct Bring a book/Ipod

DRESSING FOR COURT Dress as a professional If your agency/company regularly wears a uniform, wear it Look like you have been to court before First impression key to your credibility

Discovery Civil Discovery – Work Product – Attorney/Client – Any other privileged material Criminal Discovery – Rule 16 – Work Product – but “Brady Material”

Government has the burden of proof Must prove guilt beyond a reasonable doubt “. . . proof of such a convincing character that, after consideration, you would be willing to rely and act upon it without hesitation in your important affairs. A defendant is never to be convicted on mere suspicion or conjecture.”

POINTERS Discuss uncertainties Mistakes will be made, keep an open mind, we will Opinions vs. Fact tell us which Be eager to do more investigation when requested

Let the Justice System do its job Honesty Track all Evidence It is not a game or a contest

Sentencing Options Incarceration Probation Fines Restitution Debarment (A civil action for defendants and corporate defendants) Other options

Michael W. Melito Senior Assistant Attorney General [email protected] (303) 866 5310