{"id":102272,"date":"2021-06-28T18:10:04","date_gmt":"2021-06-29T01:10:04","guid":{"rendered":"https:\/\/theavtimes.com\/?p=102272"},"modified":"2021-06-28T18:10:20","modified_gmt":"2021-06-29T01:10:20","slug":"op-ed-lawyers-dwell-on-small-details-part-ii","status":"publish","type":"post","link":"https:\/\/theavtimes.com\/2021\/06\/28\/op-ed-lawyers-dwell-on-small-details-part-ii\/","title":{"rendered":"Op-ed: Lawyers dwell on small details [Part II]"},"content":{"rendered":"

\"\"<\/a>By Michele Hanisee<\/em><\/strong><\/p>\n

Since the Special Directives of the District Attorney were announced in his first moment in office, they have been the topic of discussion in the public and in the press. But some significant sections of these directives have been overlooked simply because their effect is not apparent to anyone without a detailed knowledge of criminal law. Without commenting on the merits of these policies we will commence a series of articles examining the intricacies of some of the directives.<\/p>\n

According to the LADA website, the nearly 1,000 prosecutors in the LADA\u2019s office handle roughly 71,000 felonies and 112,000 misdemeanors every year. The real number of prosecutors actually handling those cases is somewhat less, due to the fact that management level attorneys don\u2019t actually handle cases, and also because the COVID 19 hiring freeze has reduced overall employee numbers. But any way you crunch the numbers, 119,000 criminal cases is simply more than even 1,000 prosecutors can bring to trial. Hence the necessity of the plea bargain. Around 90% of the cases filed by the LADA resolve by way of a plea bargain rather than through a jury trial.<\/p>\n

Special Directive 20-08 titled \u201cSentencing Enhancements\/Allegations\u201d prohibits the filing of all sentencing enhancements. While this directive was subsequently modified due to political pressure to permit filing of enhancements for hate crimes, elder abuse, child abuse, human trafficking and some financial crime enhancements, the general prohibition against filing enhancements is still in effect. But a significant section of this directive has been largely overlooked. A bullet point on the second page states, \u201cIf the charged offense is probation-eligible, probation shall be the presumptive offer absent extraordinary circumstances warranting a state prison commitment.\u201d<\/p>\n

Let\u2019s read that again. \u201cIF THE CHARGED OFFENSE IS PROBATION-ELIGIBLE, PROBATION SHALL BE THE PRESUMPTIVE OFFER\u201d for a plea bargain.<\/p>\n

Here\u2019s the kicker. Nearly every crime is probation eligible, up to and including murder. The following crimes are not probation eligible:<\/p>\n

Solicitation of a minor to use or sell drugs.<\/p>\n