Which do you prefer?

[School Cop]

When a crime has several different interpretations, what do you prefer to file it as? The DA can charge whatever he wants, but what's your philosophy?

One school of thought says charge them with the highest charge possible, even though its provability is a little "iffy". Rationale being, the DA will plea it down from that to something more appropriate.

The other school says charge what you know is definitely provable, and if the DA thinks they can get the greater charge, they can bump it up. The danger is that they might plea it down to something totally ridiculous.

So, how do you like to send it to them? Civilians can play, too - tell us what you want for your tax dollars.

[LA DEP]

We dont really have any say in what is charged......that is up to the DA, and most of the ones I have dealt with didnt want our input......

[Fëanor]

Totally depends on the crime, but I voted: Civilians: easily proven.

When it comes to rapists and murderers I'd just like them executed so that would fall under the "Biggest Charge" category.

However when it comes to people who will return to society, the more charges the better. The longer the list, the worse it looks when someone runs a background check.

[texaschickeee]

it depends and like above- the DA chooses and doesn't want input.
Its hard to go after the big charge each time, well basically because of man power, money problems and that whole proving it beyond a reasonable doubt.

go for what you KNOW you can get and build from there. Too many times going for the big one can make you *appear* to be a liability.

[theie]

DA's like to overcharge too, then give up the farm. That way they can write grants stating that they filed "X" amount of felonies, and leave out the part about dismissing and/or reducing the majority of them.

[Rush817]

Go with the higher charge and let the DA knock it down.

[Steve Talley]

Look at this way...the ADA and the Deffense Att are going to work out a deal. No matter what we do the majority of the cases are going to plea out so that the docket can get cleared. I hate that your DAs don't want your input, the ones I deal with ask us questions all the time about our cases. We have a good working relationship with our ADAs. We have two that are former Cops and remember what it's like. The best thing is to get to know your ADAs and you can pretty much know what they will or won't do. Most of my cases I go for the big and know that it will be pled down at prelim. If you make a good case, that's when they want to make deals to keep from going to trial.

[Looker]

Go with the higher charge and let the DA knock it down.

Agreed. And judging by the survey, most LEO's do as well. We as LEO's know the DA and the defense atty. are going to try to strike a deal somewhere in the middle, so help the DA, the victim, and the rest of the community by putting as many charges on there as possible. Then the DA can negotiate the arrest down to a just outcome before a judge. Besides, letting them off easy doesn't teach most new criminals much. Around here, jails and prisons are so overcrowded people get probation for their 1st couple of non violent felonies. ;)

[Vtfuzz]

Charge with whatever you have probable cause to charge for and let the prosecutor do as they wish. If you have pc to charge with murder, charge it and let the prosecutor file the official charge of disorderly conduct in court if he sees fit. :rolleyes:

[10-31Mike]

I charge for what I have proof beyond a reasonable doubt of. If it's a serious enough crime I hope to god a detective will take over and they can do what they want.
I don't subscribe to the "charge everybody in the car" theory for 1 bag of crack. I don't belive four people can posess 1 item and I don't like wasting my time, the courts time, or 3 out of four "innocent" peoples time.
If I can't get them today, I'll let them walk and get them tomorrow when it's rock solid.

Of course, if they tick me off, or act like I'm stupid, then I will go with PC even if I think it will get tossed, just to make a point.

[Steve Talley]

We have a lot of our Patrolmen who will write a report, put what they think the charge is and say " the Detectives will figure it out!" and for some reason the supervisors allow this. This makes me mad. I try to tell them that if they take some pride in their reports it will make it easier when they have to testify in court. I hate having to explain to the ADA why I had to change the charge. We are all given a State Code Book and it ain't that hard to look it up!! It would amaze you on how crappy the reports are I have to work with. I do what I can and the rest will be up to the officer to explain in court.