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  1. #1
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    Default California Prosecutors Should Be Responsible for Traffic Court Discovery

    Quote Quoting scott747
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    In the letter above, assuming it's actually from the DA, the Riverside District Attorney's Office demonstrates a serious lack of legal understanding regarding the discovery process as it relates to infractions. First, no Law Enforcement Agency has ANY legal obligation to provide discovery when it is requested directly by the defendant and second, the District Attorney IS the prosecutor of record in an infraction case, whether or not the DA attends the trial. There is case law specifying that the DA need not attend an infraction trial. No other office, aside from perhaps the Attorney General, has prosecutorial discretion regarding infractions.

    With a written statement from the DA that his office has decided as a general matter not to prosecute infractions, an argument can be made that NO prosecution of an infraction may occur in that county, unless another office has the legal authority to prosecute. The DA exercises discretion on a regular basis when it comes to either prosecuting or not prosecuting misdemeanors and felonies. That office has the same discretion in infractions. The letter seems to indicate that the Riverside County DA wants nothing to do with the prosecution of infractions.

  2. #2
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    Default Re: Demurrer and is a Traffic Infraction a Crime

    Quote Quoting CourtClerk
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    Traffic infractions are quasi-criminal actions
    Well, I suppose in that they do not run the risk of jail time, do not trigger the appointment of counsel, and are not considered an "arrest" for employment and many other purposes, that's probably accurate.

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    Quote Quoting donzoh1
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    In the letter above, assuming it's actually from the DA, the Riverside District Attorney's Office demonstrates a serious lack of legal understanding regarding the discovery process as it relates to infractions. First, no Law Enforcement Agency has ANY legal obligation to provide discovery when it is requested directly by the defendant and second, the District Attorney IS the prosecutor of record in an infraction case, whether or not the DA attends the trial. There is case law specifying that the DA need not attend an infraction trial. No other office, aside from perhaps the Attorney General, has prosecutorial discretion regarding infractions.

    With a written statement from the DA that his office has decided as a general matter not to prosecute infractions, an argument can be made that NO prosecution of an infraction may occur in that county, unless another office has the legal authority to prosecute. The DA exercises discretion on a regular basis when it comes to either prosecuting or not prosecuting misdemeanors and felonies. That office has the same discretion in infractions. The letter seems to indicate that the Riverside County DA wants nothing to do with the prosecution of infractions.
    The DA is not required to prosecute traffic infractions. In fact, the Vehicle Code requires that these be submitted to the court alone, and NOT the DA, a city attorney, or any other individual or organization responsible for prosecution. And, that the notice to appear would serve as the complaint. So, the process is designed to entirely bypass the DA.

    The argument you make above has been tried and failed.

  3. #3
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    Default Re: Demurrer and is a Traffic Infraction a Crime

    Quote Quoting cdwjava
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    Well, I suppose in that they do not run the risk of jail time, do not trigger the appointment of counsel, and are not considered an "arrest" for employment and many other purposes, that's probably accurate.

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    The DA is not required to prosecute traffic infractions. In fact, the Vehicle Code requires that these be submitted to the court alone, and NOT the DA, a city attorney, or any other individual or organization responsible for prosecution. And, that the notice to appear would serve as the complaint. So, the process is designed to entirely bypass the DA.

    The argument you make above has been tried and failed.
    No court in California has ever held that the DA is not required to prosecute an infraction. Rather, the DA is not required to attend the court during trial. More to your point about the argument I make, have you heard of a case when a defendant presented a letter from the DA saying the DA does not prosecute infractions?

    The fact that the officer submits the information does not absolve the DA of other responsibilities, such as discovery response, response on appeal, etc.

  4. #4
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    Default Re: Demurrer and is a Traffic Infraction a Crime

    The Vehicle Code REQUIRES that the information be submitted to the Court - not the DA. This same CVC does NOT require that the information be passed along to the DA. Additionally, the Notice to Appear serves as the complaint.

    The DA may have to address other issues, but, the Penal Code also addresses the fact that the DA does not have to turn over evidence he is not in possession of of on cases he is not aware of. The remedy for a lack of discovery by an agency is clearly provided for when the defendant can request that the court order the agency to turn over discovery if they do not voluntarily do so. Most agencies will provide for voluntary discovery ... some will not. In those instances, ask the court to compel discovery.

  5. #5
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    Default Re: Demurrer and is a Traffic Infraction a Crime

    Quote Quoting cdwjava
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    The Vehicle Code REQUIRES that the information be submitted to the Court - not the DA. This same CVC does NOT require that the information be passed along to the DA. Additionally, the Notice to Appear serves as the complaint.

    The DA may have to address other issues, but, the Penal Code also addresses the fact that the DA does not have to turn over evidence he is not in possession of of on cases he is not aware of. The remedy for a lack of discovery by an agency is clearly provided for when the defendant can request that the court order the agency to turn over discovery if they do not voluntarily do so. Most agencies will provide for voluntary discovery ... some will not. In those instances, ask the court to compel discovery.
    From Government Code 26500:

    "The district attorney is the public prosecutor, except as otherwise provided by law. The public prosecutor shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses."

    From Penal Code 1054.1:

    "The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies..."

    And from Penal Code 1054.5 (a):

    "No order requiring discovery shall be made in criminal cases except as provided in this chapter."

    There is no requirement for an agency to provide discovery when requested directly from the agency (i.e. bypassing the DA). A trial judge would be acting within the law by ignoring any discovery request submitted directly to an agency. That's what the law is. If you don't like it, get it changed.

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