Across the United States, progressive district attorneys have caused havoc with concepts such as bail reform, decriminalization, and limiting incarceration.
Inevitably, these irrational policies have led to dramatic increases in crime, that not even the most biased media can hide. Not surprisingly, these individuals, elected with vast funding provided by radical billionaires determined to sow chaos, deny their culpability for the harm they have caused.
Manhattan District Attorney Alvin Bragg has attempted to convince the public that his extreme leftist approach has been misinterpreted. We’ll let you be the judge. Below are the key excerpts from the “DAY ONE” policy changes Bragg issued. Where references are made to changing offenses from one measure to another, Bragg consistently downgrades a higher charged offense to a lower one.
DISTRICT ATTORNEY
COUNTY OF NEW YORK
ONE HOGAN PLACE
New York, N. Y. 10013
(212) 335-9000
ALVIN L. BRAGG, JR.
DISTRICT ATTORNEY
January 3, 2022
To: All Staff
From: Alvin L. Bragg, Jr.
Re: Achieving Fairness and Safety
The following policies and procedures are effective immediately.
A. CHARGING
1. The Office will not prosecute the following charges, unless as part of an accusatory instrument containing at least one felony count:
a) Marijuana misdemeanors, PL §§ 222.30 and 222.50.
b) The act of refusing to pay the fare for public transportation under Theft of Services, PL §165.15(3).
c) Trespass, PL §§ 140.05, 140.10, 140.15, unless the trespass is a family offense pursuant to CPL § 530.11, accompanies any charge of Stalking in the Fourth Degree under PL § 120.45, or is approved by an ECAB supervisor.
d) Aggravated Unlicensed Operation, VTL § 511.1. Note that any vehicular collision resulting in any physical injury should be pursued as an act of reckless driving, reckless endangerment, negligent or reckless assault, failure to yield, or any other applicable statute. This policy addresses only criminalization of a failure to pay fines and does not address the criminalization of dangerous driving. Also, this charge may be prosecuted as part of any accusatory instrument containing a charge of Vehicle and Traffic Law 1212, 1192, or 511.2.
e) Any violation, traffic infraction, or other non-criminal offense not accompanied by a misdemeanor or felony.
f) Resisting Arrest, PL § 205.30, except for the act of resisting arrest for any crime not included on this declination list.
g) Obstructing Governmental Administration in the Second Degree, PL § 195.05, other than for the act of significantly physically interfering with the lawful arrest of another person. Significant physical interference includes, at a minimum, the acts of shoving, tackling, pushing, punching, and other similar acts. Otherwise, this charge must be approved by an ECAB supervisor.
h) Prostitution, PL § 230.00. ECAB supervisory approval required to prosecute Patronizing a Person for Prostitution under PL § 230.04. This does not include any felonies, or coercive practices regularly performed by those who traffic in the sex trade or related crimes such as money laundering.
i) Outdated offenses such as Obscenity, PL Article 235, and Adultery, PL § 255.17.
2. Misdemeanor charges for which a desk appearance ticket is required by law shall be offered diversion. Diversion is defined as the opportunity to complete a short but meaningful programming mandate after arrest through a community-based provider, based on the needs of the person arrested. Upon completion of the mandate, the Office will decline to prosecute the case.
a) Consistent with past policies, those arrested and offered diversion will be permitted to consult with an attorney regarding their options.
b) If the person accepts the diversion, the Office will work to ensure they do not need to appear in court, including if their diversion mandate is not complete before their scheduled appearance.
3. Cases for which a desk appearance ticket is issued but not required by law to be issued will be offered the diversion option defined herein, unless: a) the allegations include any sex offenses, assault, menacing, any allegation of harm or the threat of harm to another person, or offenses requiring an order of protection during the pendency of the case; or b) based on a holistic analysis of the case, diversion would be inconsistent with public safety goals.
4. The Office will continue to screen desk appearance ticket cases to ensure that diversion is not presumptively offered in rare but important instances of great public concern where such tickets are required by law, such as cases involving white collar theft, the death of another person by an act of driving, and other cases for which non-carceral sentences would not be presumed as per the policies on carceral dispositions described infra.
5. ADAs should use their judgment and experience to evaluate the person arrested, and identify people: who suffer from mental illness; who are unhoused; who commit crimes of poverty; or who suffer from substance use disorders. Immediately identify such cases to an ECAB supervisor. Charges should be brought consistent with the goal of providing services to such individuals, and leverage during plea negotiations should not be a factor in this decision.
a) An act that could be charged under PL §§ 160.15 (2, 3, or 4), 160.10(2b), or 160.05 that occurs in a commercial setting should be charged under PL § 155.25 if the force or threat of force consists of displaying a dangerous instrument or similar behavior but does not create a genuine risk of physical harm.
b) The possession of a non-firearm weapon under Penal Law § 265.02(1) shall not be charged unless as a lesser included offense, and § 265.01 shall be charged instead.
c) Residential burglaries: An act involving theft of property from a storage area or other portion of a dwelling that is not accessible to a living area that could be charged under PL § 140.25(2) should be charged only under PL §140.20 and not under PL §140.30 or PL §140.25(2).
d) Commercial burglaries: An act involving theft of property from a commercial establishment that could be charged under PL § 140.25(2) because such establishment is technically part of a larger structure that contains dwellings shall only be charged under § 140.20.
e) Drug cases: If there is a reasonable view of the evidence indicating that a person arrested for the sale of a controlled substance is acting as a low-level agent of a seller, such person shall be charged with 220.03 and no felonies and therefore offered diversion. Also, unless such charge is a lesser included offense or unless the defendant actually sold a controlled substance, the offense of Penal Law § 220.06 shall not be charged and 220.03 shall instead be charged.
7. Prosecution may be deferred if the discovery available at the time of arraignment is so sparse, or so potentially voluminous, that the ADA believes it poses a significant risk that the Office will not meet its discovery requirements in arraigning the case immediately, provided that doing so poses no public safety risk. Delaying a case while we gather all the evidence and make sure it is appropriate to file an accusatory instrument will ensure that we are in full compliance with the letter and spirit of discovery requirements.
B. PRETRIAL DETENTION
1. There is a presumption of pre-trial non-incarceration for every case except those with charges of homicide or the death of a victim, a class B violent felony in which a deadly weapon or dangerous instrument causes serious physical injury, sex offenses in Article 130 of the Penal Law, domestic violence felonies or charges of PL § 215.50, public corruption, rackets, or major economic crimes, including any attempt to commit any such offense under Article 110 of the Penal Law. For any charge of attempt to cause serious physical injury with a dangerous instrument, ADAs must obtain the approval of an ECAB supervisor to seek pretrial detention.
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a) Exceptions will be granted in extraordinary circumstances, based on a holistic analysis of the facts presented, criminal history (particularly any recent history of not returning to court without sufficient cause or explanation), and any other information available.
b) An ADA may request pretrial detention in such extraordinary circumstances after submitting the Application for Pretrial Detention form to their ECAB supervisor.
2. Where release is recommended, the following rules apply:
This comes in the wake of the hours when the majority of the American population are reporting Obesity as epidemic. best page levitra without prescription In order to make away any mind to actually get purchase levitra devensec.com pleasure from a complete movie, ballgame, family dive trip, eat outside, perhaps trek. They also cost very less to give these purchase generic cialis options to sufferers. This is made possible firstly by increasing the viagra 100 mg http://www.devensec.com/district-development.html distribution of nitric oxide NO in the body.a) The Office will consent to release on recognizance whenever release is recommended by the CJA risk assessment or if it is the defendant’s first arrest. Exceptions to this rule apply in the following circumstances: a violent felony involving serious physical injury, a class A, B, or C violent felony; or where the defendant lacks a NYC address and does not have a phone to receive court appearance reminders.
b) In any other circumstance, the Office will consent to supervised release, or other support strategies to ensure returning to court.
3. For cases where there is no presumption of non-incarceration, the Office should carefully consider all known facts. Special consideration should be given to any request for pre-trial detention for following individuals who face unique hardships, such as individuals with health conditions that could suffer serious harm or death if incarcerated.
4. When requesting bail, ADAs must request a partially or unsecured bond in the same amount as the cash bail request.
5. If defense counsel requests, ADAs working in the arraignment parts shall inform defense counsel prior to their client’s arraignment of the Office’s bail request and any plea offer.
6. For those individuals whose conditions, particularly their physical and mental health, change during incarceration, the Pathways to Public Safety Bureau will review and consent to a change in bail or release conditions if necessary.
7. If individuals miss court dates, ADAs shall contact defense attorneys to request them to provide the reason for the violation or failure to appear in court. If the person fails to appear but there is no evidence that the person intentionally attempted to flee from law enforcement, such as evading police or giving a police officer an alias, then recommend release upon the original conditions.
8. If there is an allegation that an individual has violated a condition of release, ADAs shall contact the defense attorney to determine whether the violation of the condition is related to circumstances such as health issues, transportation or child care issues. If there is clear evidence that the person willfully violated conditions of release, ask for the next-least
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restrictive condition to ensure they fulfill the conditions of release. Supervisory approval is required for any deviation from this policy.
9. In appropriate cases, the Office will consent to excusing the defendant from having to attend routine court appearances.
C. DISPOSITIONS
1. The Office will not seek a carceral sentence other than for homicide or other cases involving the death of a victim, a class B violent felony in which a deadly weapon causes serious physical injury, domestic violence felonies, sex offenses in Article 130 of the Penal Law, public corruption, rackets, or major economic crimes, including any attempt to commit any such offense under Article 110 of the Penal Law, unless required by law. For any charge of attempt to cause serious physical injury with a dangerous instrument, ADAs must obtain the approval of an ECAB supervisor to seek a carceral sentence.
a. This rule may be excepted only in extraordinary circumstances based on a holistic analysis of the facts, criminal history, victim’s input (particularly in cases of violence or trauma), and any other information available. ADAs shall also consider the impacts of incarceration on public safety, the impacts of incarceration on communities, the financial cost of incarceration, the racially disparate use of incarceration, and the barriers to housing, employment, and education created as a consequence on a period of incarceration.
b. An ADA may request incarceration in such extraordinary circumstances after submitting the Application for Carceral Sentence form to their supervisor at least 3 business days prior to the court date upon which such disposition is sought, and after such supervisor so approves.
2. For cases in which there is no presumption of non-incarceration, there is also no presumption that incarceration is the appropriate outcome. ADAs should consider whether a carceral sentence is appropriate based a holistic analysis of all known facts.
3. ADAs shall presumptively indict both top counts and lesser included counts when presenting cases to the grand jury, permitting a wider range of statutorily permissible plea bargaining options. This presumption can be overcome with supervisory approval.
4. When seeking a carceral sentence, the following rules apply, absent exceptional circumstances:
a. For a determinate sentence, the Office will request a maximum of 20 years.
b. For an indeterminate sentence other than one with a maximum of life, the Office will request no more than a maximum of 20 years, absent exceptional circumstances.
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c. For an indeterminate sentence with a maximum of life, the Office will request no more than a minimum of 20 years, unless required by law.
d. The Office shall not seek a sentence of life without parole.
e. In exceptionally serious cases such as homicides where lengthy periods of incarceration are justified, ADAs shall consider the use of restorative justice as a mitigating factor in determining the length of the sentence, only when victims or their loved ones consent.
5. If a case is determined to be appropriate for a disposition involving services, the Office will rely on outside professionals to determine the appropriate service and length of placement, and shall analyze cases involving substance use and mental illness through a public health lens. The Office shall not require proffers for such services.
6. Restorative justice programming will be expanded significantly, including for violent felony cases in which the victim consents.
7. For any case in which a person violates the terms of a non-carceral sentence or pre-plea programming mandate, the Office will seek a carceral “alternative” only as a matter of last resort. The Office will take into account that research shows that relapses are a predictable part of the road to recovery for those struggling with substance abuse, and the Office will reserve carceral recommendations for repeated violations of the terms of a mandate.
D. SPECIAL PROCEDURES FOR CASES INVOLVING JUVENILES AND YOUNG ADULTS
1. For adolescent offenders charged with offenses defined in subdivision 1 of CPL §722.23, the Office shall presumptively not file motions preventing removal to family court unless the charges are extremely serious and the young person does not demonstrate amenability to the services available in Family Court. An ADA may overcome this presumption only after submitting the Application Opposing AO Removal form to their supervisor no later than 10 days after arraignment, and after such supervisor so approves.
2. For adolescent offenders charged with offenses defined in subdivision 2 of CPL §722.23, the Office shall presumptively consent to removal to family court under CPL § 722.23(2)(e) unless the charges are extremely serious and the young person does not demonstrate amenability to the services available in family court. An ADA may overcome this presumption only after submitting the Application Opposing AO Removal form to their supervisor at least 3 days prior to the hearing held pursuant to § 722.23(2)(a), and after such supervisor so approves.
3. The Office will consent to the removal of all juvenile offenders to Family Court pursuant to CPL § 722.22, permitting the court to make its own analysis of the statutory factors,
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where required, unless consent is not statutorily justified under paragraph b of subdivision 5 of § 722.22.
4. For those cases not removed to Family Court, determinations as to the appropriate disposition will be based on identifying underlying needs and what services and supports can be provided to the person charged and their caretakers to address those needs ultimately improving public safety. We will rely on community-based programs already in use in the Youth Parts as well as adding restorative justice practices to accomplish these goals.
5. For those cases not removed to Family Court, the Office will consider removals to Family Court based on continuing behavior while cases are pending in criminal court, and sealing of charges upon demonstration of rehabilitation.
6. For those cases involving adults under the age of 25, ADAs should make an individualized determination of the appropriate outcome for each case recognizing that the same brain development variables that illuminate our views on juveniles should play a role in our determinations of young adult cases. Some offenses committed by persons in this age range are attributable to lack of impulse control, peer pressure, and the lack of insight and appreciation of consequences that comes with age. Therefore, ADAs prosecuting those under the age of 25 should consider dispositions aimed at rehabilitation, including reducing charges, offering deferred prosecution, or offer pleas that permit a person to avoid a criminal record, depending on the circumstances of each case including the input of victims.
E. SPECIAL PROCEDURES FOR CASES INVOLVING NONCITIZENS
The Office will seek dispositions that avoid immigration consequences for all misdemeanors, and all felonies for which non-carceral outcomes are the presumptive outcome. The procedures for seeking a disposition that carries immigration consequences in any such case are the same as the procedures for seeking a carceral disposition for cases in which non-incarceration is the presumption.
Photo: Manhattan District Attorney Alvin Bragg