HomeMy WebLinkAbout1980 03 03 Letter Re: Special Prosecutor
OFFICE OF THE STATE ATTOHNEY
DOUGI.AS CHI.'SHIRE, In.
STATE ATTORNEY
EIGHTEENTH JUDICIAL CIRCUIT BREVARD AND SEMINOLE COUNTIES
HREVARD COUNTY COURTHOUSE
TITUSVILLE, FLORIDA 32780
AREA CODE 305 269-8401
J. CHRISTOPHER RAY
CHIEF ASSISTANT
SEMINOLE COUNTY COURTHOUSE
SANFORD, FLORIDA 32771
AREA CODE 305 322-7534
GERARD DUGUAY
BUSINESS MANAGER
PHILLIP SELLERS
CHIEF OF INVESTIGA nON
Reply To:
Sanford
1-1arch 3, 1980
The Honorable Sandra Glenn
District 4 Commissioner
Board of County Commissioners
Seminole County Courthouse
Sanford, Florida 32771
Re: Special Prosecutor
Dear Sandra:
Thank you for your letter dated February 8, 1980,
requesting that I prepare a proposal for the above-referenced
matter. Hopefully, this letter will provide some insight as
to the requirements expected of this person.
First, the candidate should be well versed in trial law.
The very nature of prosecuting a criminal ordinance violation
dictates that the individuul be prepared to try cases in the
courtroom. Additionally, t.b.J-lL-P~f".~-Q.n.._~h,Q\!~..9._'p_e__~_~~.~:'~~Il~.q.j.D
prosecuting a criminal case. Because ordinance cases do not
po'SS'eSs tnEtcommo-n-e-l'err,eirts that exist in what I shall call
the normal criminal case, but instead, Q.av~._el~ments \'-'hich are
uniaue to :t:.helI1, the attorney should be experien'ced:----QuTt'-e-"---
candTCfiy :-an individual wi to experience is certainly going to
demand a higher amount of compensation for his work.
Because I cannot estimate the number of cases which will
be placed into the criminal justice system, it would be difficult
to estimate the amount of time that the candidate would snend
each week prosecuting them. The trial time involved in the
tYFi-.ca1..J2.t:ll.i.nanca--.c:.a.se-is__l?l:'<?Pa.-b1.y__t!iQ.. hours. There have been
occaSions where the trial time was as short as thirty minutes
and as long as one full day. Let me stress that this time is
only that which is spent in trying the case before a judge.
Certainly, not all cases will require a t~ial because some will
plea prior to trial.
Page 2
Sandra Glenn
March 3,' 1980
The ~~~ida~e will also be expected to review all of the
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Addltlonally, an examlnatlon of future ordlnances will be 1n
order. Again, it is difficult to estimate the amount of time
involved on this point.
Another area of attorney involvement is what I v70uld call
inYEi.E..tiJJ.at..Lv.e.._ e.~lIJCg_ti,.Qn. Because these cases are inves t i9 a ted
and worked up by law enforcement and non lawyer individuals,
I envision that the lawyer will need to educate all personnel
either directly or indirectly charged with the responsibility
of working ordinance violation cases. Sewinars and training
sessions would be in order. Nothing is more frustrating to
a prosecutor than to have a violation report subwitted to him
asking that criminal charges be formally lodged when the case
is lacking in the lnvestigative stage. An awareness for all
concerned should be made on this point since a violation must
be proved beyond and to the exclusion of all reasonable doubt.
This holds true as to each and every element involved in the
charge. Consequently, although there may be a violation of an
ordinance, if it cannot be proved, then no formal charges can
be filed.
My office stands ready to provide office space for this
individual. I would ask that in the eve~t that alterations of
an office are necessary YOll would assist me. Sandra, I have
attempted to anticipate all areas of inquiry that the commission
may have. However, if I may have overlooked some point, would
you please give me a call.
Yours very truly,
DOljCI,i\S CHESHIRE, JP..
S!;..:.t.,e Attorney
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/6. Christopher Ray
\/ C1Lief Assistant Stat:e i\ttornc~y
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