An anonymous writer claiming to be a local law enforcement
employee stated in Wednesday’s Free Lance that up to 50 percent of
all cases submitted to the DA’s office for prosecution are
”
kicked back
”
(returned) to the law enforcement agencies that submitted them.
This is absolutely false.
An anonymous writer claiming to be a local law enforcement employee stated in Wednesday’s Free Lance that up to 50 percent of all cases submitted to the DA’s office for prosecution are “kicked back” (returned) to the law enforcement agencies that submitted them. This is absolutely false.
Since January 1 of this year, 2,062 cases have been submitted to my office by various law enforcement agencies for charging of criminal defendants. 1,818 (or 88 percent) of the cases have been processed for charging, 203 (or 10 percent) of the cases have been rejected for prosecution, and 41 (or 2 percent) of the cases were returned to the police agency for additional investigation.
Of the 203 cases rejected, the reasons for rejection range from expiration of the statute of limitations (primarily due to the huge backlog left in the office from last year), to insufficient evidence, to exercise of prosecutorial discretion, or even occasionally, no crime being committed.
To put these numbers in perspective, a typical year usually has a total of approximately 1,500 to 1,600 total cases. We are at roughly 1,800 cases and still in the month of September. At the current rate, we will be close to 2,500 cases by the end of the year.
When cases are returned to the police for further investigation, detailed written instructions are sent along with the report. When cases are rejected for filing, the reason for rejection is also sent in writing to the law enforcement agency.
I personally review and charge the overwhelming majority of all cases submitted, roughly 95 percent. This is to assure consistent charging practices and to free up my deputies from reviewing cases that may not be ready for court. This allows them to focus on the charged cases already in court, pending trial.
Having a single person or section handle all charging duties is the standard practice throughout the vast majority of district attorney offices in California, although, not surprisingly, it was not done here prior to January.
John Sarsfield,
District Attorney
County of San Benito
