How can the DOJ support me?

There are two ways the DOJ can support you in gaining information needed for a case

a) A Freedom of information Request - this is a submission for information that is publicly available, such as phone numbers, housing register, employment details. This request is made on the government website and will typically be answered in 24 hours.

or

b) A Warrant - this is a court ordered summons or document that may force an individual to appear in a court of law or to apprehend an individual or property. Any LEO can request a Warrant provided they use the templates provided (Arrest on the MDT - Search & Seizure on the government website)

When you make a submission for your warrant, be aware that the Court will look at 6 dimensions before deciding on approving or rejecting.

A claim is the assertion that authors would like to prove to their audience. It is, in other words, the main argument.

The grounds of an argument are the evidence and facts that help support the claim.

Backing refers to any additional support of the warrant. In many cases the backing provides support for the warrant by giving a specific example that justifies the warrant.

The qualifier shows that a claim may not be true in all circumstances. Words like “presumably,” “some,” and “many” help you to understand that the LEO knows there are sections where the claim may not be correct.

The rebuttal is an acknowledgement of another valid view of the situation.

Finally, the warrant, is the assumption that links the grounds to the claim. If the Grounds and the Claim can be indisputably linked then the Judge will approve the warrant.

When you have someone in your custody and they have pled "not guilty" you have the following 2 options.

a) Hold until Trial (HUT) You will arrange for them to serve their time in Bollingbrooke prison, They will stay until the trial

b) Released on Bail - You can request to host a bail hearing - upon which terms and conditions and any Bail fee's will be imposed by the Court/Attorney Generals office. Bail can only be granted upon certain conditions and by a Judge or member of the Attorney Generals Office. Full details of the process can be seen HERE

Pre filings are the start of the legal process and are used when you as an LEO arrest an individual and

a) they plead not guilty

or

b) they plead guilty on an Hold Until Trial charge (HUT)

You are then responsible for submitting a prefiling investigation form on the government website. This must be competed within 48 hours of the arrest taking place.

This will be used by the Attorney Generals office to decide if they will press charges and/or to hold a sentencing hearing

The prefiling document requests lots of key information - please try and complete it to the best of your ability, if you are ever struggling please reach out to Attorney Generals Office for assistance.

When compiling your report do not feel that you have to complete an entire narrative, simply state what happened when and by whom - try and avoid abbreviations when possible and when referencing others involved always provide their full name.

Chapter 4 of the Court Procedures Manual explains the usage of evidence - you will most likely to interested in the section "Video and Photographic evidence" to help you with your submission

The Court Process can be complex to navigate - the Full detailed process can be found HERE

For a "not guilty" criminal case - it effectively breaks down into the following 5 steps:

1 - Your Prefiling - this is submitted within 48 hours of an arrest being made and is the start of the process. The Attorney generals office has a maximum of 10 days from point of arrest to decide if they wish to pursue the case in Court. During this period you may be contacted to ask clarifying questions or to provide additional evidence.

2 - Court Docket - If it has been decided to prosecute, the Attorney Generals office will file for a Court Docket, on this they will list all the charges (They are the ones who decide the final charges), the evidence, statements etc. A Judge will then be assigned to the case and they will decide if there is a legal basis to proceed to trial.

3 - Discovery - if the docket has been accepted the Judge will open Discovery and place a request for peoples availability for Court. This is the period in which further evidence can be submitted, motions on either the prosecution or defense can be made (to dismiss or continuance are the most common) or affidavits/depositions added for witness unable to attend court. This period is usually 5-7 days long.

4 - Trial - The case will be scheduled and the trial will take place - most trials take place between 14:00 EST and 21:00 EST and can be on any day of the week. There should be a maximum of 14 days from the Docket being submitted to the trial taking place (subject to continuances). The trial will ascertain the Not Guilty/Guilty status of the defendant and provide any sentence required.

5 - Appeal - Most cases have a 72 hour window for any appeals to be raised. If an appeal if submitted it is reviewed by a Justice (not a judge) and if granted the process would start again at step 2.

For a Sentencing hearing, the process is a little simpler:

1 - Your prefiling - this is submitted within 48 hours of an arrest being made and is the start of the process. The Attorney generals office has a maximum of 10 days from point of arrest to decide if they wish to pursue the case in Court (which if they are pleading guilty...they usually will). During this period you may be contacted to ask clarifying questions or to provide additional evidence. In the case of a guilty plea, this is usually a very simple and expedited process (2-3 days)

2 - Court Docket - the docket is accepted by a Judge and they will move directly to scheduling a sentencing hearing (no discovery)

3 - Sentencing hearing - The Judge will summon the defendant, prosecution and any defense to the Court. Each side will give a recommendation on any sentencing (including allowance for time served) and you may be called to provide a victim statement.

4 - Appeal - a 72 hour window is allowed for any appeals, however this is extremely unusual in the case of a guilty plea

The Court Docket for your case (Master list here) will always be the official communication with you as an LEO in regards to attendance at court. When a case is accepted into Court then you will be "tagged" on the docket by the Judge - this is why names on the pre-filing need to be accurate.

When the Court case is being scheduled, the Judge will post a "doodle" link to confirm peoples availability- it will show a variety of dates and times and the Judge will make a final selection based on peoples availability. The Court Docket will then be updated with the final Date and time.

As an LEO involved in a case, when you are notified you are then responsible for ensuring you notify the court of your availability.

A KEY WITNESS is someone that MUST make every effort to attend the Court Case - if you are unable to attend then a written statement can be made in advance

A WITNESS is someone who MAY be asked to attend - this is typically used if a Key Witness is unable to attend

If you are already aware that you are unable to attend a Court Date at the planning stage, please ensure that you have informed the Attorney Generals Office. You can do this by commenting on the Pre-Filing document for your case (Do not comment on the Court Docket - you may be found in contempt). In these situations you will then be asked to either:

a) Complete a written Affidavit (a formal statement of what you witnessed of the event, notarized by a bar certified attorney)

or

b) A video deposition - you would be interviewed by the prosecution and the defense "as if you were in court"

The selection of the option depends on case itself and you would be advised by the Attorney Generals Office.

It is worth noting, that these two forms of evidence can only be submitted to the court during the Discovery Phase - which usually closes a few days before the Court Case. As such, the earlier that the AG office is aware, the more time is in place for these tasks to be arranged.

Everyone is understanding that situations can change quickly, If you find yourself suddenly unable to attend court you should always try and reach out to a member of the court staff and inform them - ideally you can contact the Attorney Generals Office, however if this is not possible any member of the DOJ on duty can be informed (Secretary, Court Clerk, Judge).

You can reach out to them via the government website, discord, a phone call or text in city.

In most cases you will not be required to attend sentencing hearings as a witness - there are exceptions to this, however it is the responsibility of the Attorney Generals Office to inform you if you are needed.

In the days leading up to the Court date, refresh your memory with the events that happened, try and picture the scene in your own head and walk yourself through the day.

When it is time for you to give your testimony, you will be called to the stand and sworn in by the bailiff.

You will be asked questions first by the prosecution about what you witnessed. The Defense will then be given the chance to cross examine you (they may decide not to). They can only ask questions about what you have already spoken about. When the Defense is finished, the prosecution will be given the chance to clarify any points with you - again they may choose not to do it. During this process it is highly likely that "objections" from either side will take place - if this happens, simply pause and let the point be resolved by the Judge.

This whole process can be a matter of a few minutes or if in a complex and difficult case it can take significantly longer.

It is important that you tell the truth, speak clearly, speak in your own words, listen to the questions being asked (to avoid confusion) and think before you respond (if you do not understand the question you can ask for it to be rephrased or repeated).

Answer only the questions asked of you and if you are unsure of your answer then state "That's all I recall, or That's all I remember". Try and avoid statements such as "I believe, I think" or "In my opinion" - if you are able to answer confidently then please do so.

Finally, try and relax, we appreciate that giving testimony can be hard for many people, if you are struggling and need to take a moment then do not hesitate to ask for a brief break to compose yourself, have some water, clear your thoughts and then continue.

A Court Case can be stopped at any point in time - right up until pre-trial motions have been completed. The most common causes are:

a) The case was rejected by the Attorney Generals Office - The pre-filing did not show enough probable cause

b) The case was rejected by the Attorney Generals Office - The pre-filing did not have enough evidence to support the charges

c) The Defendant came to a plea deal

d) The Speedy Trial act was violated - the process was too long

e) The case was not accepted by the Court (lack of evidence, alignment of charges, not enough probable cause)

The dismissal of a court case by a Judge can happen at two key stages:

a) When a Court case is presented to the Court for submission

b) During the Court Trial

A judge can issue two kinds of dismissal - "With* or "Without Prejudice"

With Prejudice - The Judge has decided that the Case is dismissed permanently, It can not be brought back to court and the charges can not be refiled

Without Prejudice - The Judge has decided that the Case is dismissed temporarily. it can be brought back to court, however charges must be refiled.

Default judgements are typically used when a defendant does not attend their court case. The judge will make a decision based on evidence from the state and with no input from the defendant, this will most likely lead to a Guilty verdict and a full sentence being passed.