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Discussion Starter #1
Just looking for some feedback on the new changes that the district courts made in regards to the new criminal applications and what language if any was agreed upon for the elements of the crime that have to be included in every report now.

Anyone get a report or a case tossed back because the elements were not spelled out to the magistrates liking. How detailed are they looking to get when describing say for instance a public way, operation, disorderly and or disturbing the peace.

And beside the format what information actually changed on the application itself, the only thing I noticed was a box for a citation number. Does this mean that all motor vehicle criminal applications are going to have to be completed on the new application as well as submitting the cite?

Just seems to me like we took a few big steps backwards. Anyone else??
 

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We had one bounce because it contained the phrase, "public way in the Town of..." and the Clerk wanted, "public way, paved and maintained by the Town of..."

I'm hoping it was just a bad day for the Clerk. We just sent one for poss. of a firearm. I'm sure something should have been capitalized. I'll find out when I get there this afternoon.

This seems to be a little over the top. The Court Liason, and the Jenkins Hearing (when held) should be enough to insure PC exists. (Anyone who passed a Brown Book Exam should be able to do this) I can't recall any instances where someone was held inappropriately or losing a case due to a missing element. If it wasn't there, no pinch was made.


Maybe the SJC needs the elements on paper as a reminder to themselves.
 

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I haven't heard of any apps being kicked back yet, but our department is being told that when we write out our reports that we basically have to spell out the elements of each crime that we are charging the person with. Reportedly, if the clerk has a question regarding the charges, then they can dismiss the charges and the person without further investigation. Sounds to me like the clerks need the training and this is just another way for the defense attnys to have a field day with the police.
 

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Discussion Starter #4
Some of us are adding a closing paragraph something like:

90/23 suspended license: I used something like

In closing it was determined that DOE was observed operating a motor vehicle on a public way within the City of Attleboro after having his right to operate a motor vehicle suspended by the Massachusetts Registry of Motor Vehicles.

and for

90/23 revo/insc
9034J no insurance
90/9 unregistered

I used

DOE did operate a motor vehicle on a public way within the City of Attleboro after the vehicle registration had been revoked by the Registry of Motor Vehicles for failure to maintain insurance coverage. Having failed to maintain insurance on the vehicle DOE did operate an unregistered and uninsured motor vehicle on a public way within the City of Attleboro.

Something like that (it's been a long night), I did a few mv applications last night and that was the basic gist of what I added to the end of the report. Seems a little much to me anyone have a few examples. I know it will vary court to court I am just trying to get a little better grasp on the language we are expected to use.
 

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Maybe I am misunderstanding the interpretation of the courts but, It seems to me that the additional probable cause narrative provided to the court on their own pre-printed form already covers what should be in the report to begin with...the elements.

The clerks during a hearing at court, Jenkins hearing, or ADA's during arraignment can't read the full or probable cause report sent to the court from the department? It just seems too repetitive to me, we already have to send three complete copies of a report to our court (booking sheet, narrative, other misc info). If the elements are not in the report it is not going anywhere to begin with, so why add more paperwork to the pile they get in the first place.
 

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Discussion Starter #6
Maybe I am misunderstanding the interpretation of the courts but, It seems to me that the additional probable cause narrative provided to the court on their own pre-printed form already covers what should be in the report to begin with...the elements.

The clerks during a hearing at court, Jenkins hearing, or ADA's during arraignment can't read the full or probable cause report sent to the court from the department? It just seems too repetitive to me, we already have to send three complete copies of a report to our court (booking sheet, narrative, other misc info). If the elements are not in the report it is not going anywhere to begin with, so why add more paperwork to the pile they get in the first place.
No argument here, I think this whole elements deal is more than a little repetitive. It is my understanding that this in not a new law or anything that the legislators came up with recently if that is in fact the case why the hell is the district court changing all of this around. It feels like they are just flexing their muscles for one reason or another.

I can already see the writing on the wall......

 

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:L: :L: :wl: :t:

Pretty soon they'll stop issuing the forms to Campus Police too!!
:roll:
But the sheriff can get boxes of them!
8)
 

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All you have to do is attach the new stupid form with your court complaint and report. On the new stupid form, write "see office report [email protected]" and sign it. Your probable cause is in writing on the report. At least that is what our court said. Waste of paper if you ask me. :roll:
 

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Ofcourse one court will want it done one way and one will want it done another. Good luck to all the court officers who will have to hear it from the court on how to do it their way and have everyone in the department asking a million questions because the procedure has changed from what they are used to...
 

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All you have to do is attach the new stupid form with your court complaint and report. On the new stupid form, write "see office report [email protected]" and sign it. Your probable cause is in writing on the report. At least that is what our court said. Waste of paper if you ask me. :roll:
Yeah, thats what we were told also... but we're also in Worc. County...What are other County DC's saying?
 

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In Northampton District Court the ADA'S have to approve the probable cause narrative before it goes to the clerks office. In most cases the report narritive will work (if under 2 pages). You do however have to make sure that all personal info such as SSN, DOB, witness names etc are blacked out. Once it goes into the docket it will become public record. WTF over :evil:
 

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Discussion Starter #12
Gil it gets better. They are talking that if you have a criminal application for a MV offense you will also have to fill out a new Criminal Application for along with the citation. Sounds fun huh!
That's just stupid!
 

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I remember when the citation itself was accepted as the complaint app! Here we are in the computer age and we're killing more trees than ever!
 

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I remember when the citation itself was accepted as the complaint app! Here we are in the computer age and we're killing more trees than ever!
Thats is pretty comical when you think of it....with all the computer technology there should be a way to send the paperwork to the court electronically so they can print it themselves. Instead of saving time and wanting less, they want more paperwork and create more work and hassle for themselves in the long run.

So does this mean we won't have to "Press Hard your writing through 5 Copies" anymore? Why have two copies of the citation to go to court and a complaint form. Just print new "N" series citations with less copies to to the court.
 
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The MSP had a court complaint form print out with the report (auto filled), but some of the courts would only accept the carbon copy ones. Even though they chucked them out after printing the info into their computer and printing out a, you guessed it, a computer generated court complaint. :roll:
 

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Gil it gets better. They are talking that if you have a criminal application for a MV offense you will also have to fill out a new Criminal Application for along with the citation. Sounds fun huh!
Out here, we always have to attach a criminal app with a Criminal M/V Offense, even before the new packets...
 

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Quote:
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Originally posted by kmf294 @ Tue Sep 14, 2004 10:14 pm:
Gil it gets better. They are talking that if you have a criminal application for a MV offense you will also have to fill out a new Criminal Application for along with the citation. Sounds fun huh!
--------------------------------------------------------------------------------

Out here, we always have to attach a criminal app with a Criminal M/V Offense, even before the new packets...
Edgartown District Court (Martha's Vineyard) always made us fill out separate complaint apps for MV related arrests/summonses. Just adding another task to the multi-tasking we are expected to do.
 

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Greenfield District Court is stating that the citation is no longer the complaint form. They want the new complaint form as well as the criminal citation. Some of us are going to test this. I'll let you know if it they get kicked back. I also know that the new head ADA is wanting the Clerk, not a bail person, but the Clerk of Courts, to come out and do a face to face on every arrest re: bail(Jenkins). That ought to sit well at 0200. :D
 

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Jenkins? That is only required if the person is in custody for more than 24 hrs before they show up for court.
 
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