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DELINQUENCY CASE PROCESSING

DELINQUENCY CASE PROCESSING. Thomas Cleary Senior Deputy District Attorney Multnomah County District Attorney’s Office – Juvenile Unit (503) 988-3875 thomas.cleary@mcda.us. WHY SPEED CASE PROCESSING?. Helps keep victims and witnesses on board. Speeds imposition of consequences.

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DELINQUENCY CASE PROCESSING

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  1. DELINQUENCY CASE PROCESSING Thomas Cleary Senior Deputy District Attorney Multnomah County District Attorney’s Office – Juvenile Unit (503) 988-3875 thomas.cleary@mcda.us

  2. WHY SPEED CASE PROCESSING? • Helps keep victims and witnesses on board. • Speeds imposition of consequences. • Reduces warrants. • Reduces caseloads.

  3. CUSTODY CASESInitial DDA Processing • All youths held overnight are scheduled for a Preliminary Hearing at 1:30 PM the next day. • Police reports are completed by end of shift and are available at 8:00 AM the morning after the youth is brought to detention. • Verbal report on drug testing received from the Crime Lab mid-morning.

  4. CUSTODY CASESInitial DDA Processing (cont) • DDAs screen cases first thing in the morning. • DDAs screen on a “beyond a reasonable doubt” standard. • Generate case rejection memos on declined cases. • On issued cases, petitions filed before noon. • Witnesses entered into computer for subpoena generation by DDA at time of issuing.

  5. CUSTODY CASESInitial DDA Processing (cont) • Pretrial offer prepared. • Discovery made available to defense by 11:30am.

  6. Juvenile Department Processing (concurrent) • JCC meets with youth, speaks with youth’s family and others, reviews “social file” and referral history, gathers social history information and develops a release or hold recommendation and release plan.

  7. 11:30 Meeting • Placement Coordinator, DA’s Office representative, defense representative(s) and others meet to staff all cases set for preliminary hearing; discuss release/hold recommendations and release plans.

  8. 1:30 Preliminary Hearing • Youth appointed counsel. • Court makes a probable cause finding based upon police reports. • Placement Coordinator speaks for the department of Juvenile Community Justice. DDA may or may not agree with the department’s recommendation. • Release/hold decision made. • If release ordered, release type and conditions set. • Court dates set.

  9. Court Dates -Youth Held • Day 7 • In-Custody plea on call docket. • Opportunity for youth to admit. • Day 14 • Trial readiness. • Appearance by State and Defense to pick a “firm” trial date.

  10. Court Dates -Youth Held (cont) • Immediately after a preliminary hearing, DA’s office staff calls all witnesses to gather availability information to prepare for the trial readiness appearance. • Staff reports all witness conflicts to appearing DDA so a trial date likely to work for the State can be selected. • Trial date set approximately 2 weeks out, along with a Call date the day before (for a final report on trial readiness).

  11. Any Time Walk in Pleas • Docket time reserved daily for pleas.

  12. Day before Trial: Call • Appearance by State and Defense to report on readiness for trial next day. • If both sides are ready, case is assigned out for trial the next day to any available judge. • If either side requests a set-over, case may be set for Call and trial for another day.

  13. Detention Limits • 10 – Day review required. • 28 – Day limit without good cause hearing. • 56 – Day total limit without youth waiver.

  14. Plea/Trial Disposition • Disposition happens at the same time as charge resolution in most cases. • Exception - Sex Cases (30 – Day set over standard). • Youths not held awaiting placement. • 8 – Day sanction limit.

  15. Non-Custody Cases • Reports submitted to Juvenile Department. Juvenile Court Counselor may issue case on a Misdemeanor. • Routed to DA’s Office for review per interagency agreement. • Goal is DDA review within 30 days or sooner. • Petition filed. • Defense counsel appointed immediately (affidavits of indigence submitted later; cost may be recouped).

  16. Non-Custody Cases (cont) • Youth and parents brought in for meeting with JCC by letter. • JCC gets trial readiness date from Court Clerk and serves youth with a summons. • Gives notice of trial readiness date to DA’s Office and Defense Counsel. • All other processes the same. • Typical resolution time 60 – 90 days.

  17. PV’s • Date for hearing set day or two after preliminary heading in most instances. • Longer time may be needed for contested cases.

  18. Problem Areas/Causes of Delay • JCJ and DA’s Office data entry backlogs. • DDA screening time on non-custody cases. • Defense motions for alternative deposition or challenging youth’s ability to aid and assist. • Delay in return to DA’s Office of failed diversion cases. • Witness problems. • Pending adult charges. • Warrants.

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