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Saturday, January 24, 2009

The Case for The Prosecution

Two weeks into a new job as a deputy prosecutor in a rural western county. Make that chief deputy prosecutor in a rural western county. So far I've probably irritated juvenile probation and parole by giving a juvenile a complete gift on a plea deal, and definitely disappointed the fish cops by dismissing their charges against a pair of fishermen (husband and wife) for lack of probable cause on one of the elements of the crime. The crime only had two elements and the second element is triggered by the first, which must be in the form of a request to see the catch. The second element is the failure to show the catch. They wrote the ticket for failure to show the catch, but never actually requested to see the catch -- they felt the request was implied when they asked the folks how many fish they had caught. Later, the judge asked why I had dismissed the charges, he entirely agreed and mentioned bad or overcharging by the fish cops.

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