Author: Federal Public Defender
Posted on June 9, 2017
CASA team members – representatives from the U.S. Attorney’s Office (USAO), the Federal Public Defenders Office (FDO) and the U.S. Pretrial Services Agency (PSA) – for each court meet regularly to review and discuss applications. While all team members have a right to accept or reject a prospective applicant, the U.S. Attorney’s Office makes the final decision regarding admission and track designation. If rejected by the CASA USAO representatives, the only recourse is a request for reconsideration with the USAO Criminal Chief. In some cases […]..
Posted on June 9, 2017
Track 1 will lead to a complete dismissal of all charges with prejudice (cannot be brought again). Because that client will not be sentenced, he or she will not suffer a federal felony conviction for this case. All Track 1 participants should nonetheless know that the arrest, filing of charges, conditions of release bond, CASA guilty plea agreement and guilty plea, all program court appearances and the order of dismissal of all charges will be a matter of public record. In cases where restitution is […]..
Posted on June 9, 2017
All participants remain on their pretrial release bond during the CASA Program. A standard condition of all bonds is to obey all laws, not use or possess controlled substances or alcohol, and report as directed to the CASA PSA officer. For many, this will also include drug testing, drug and/or mental health counseling and treatment. Drug treatment can range from residential, to intensive outpatient and periodic individual and/or group counseling sessions, and twelve step fellowship meetings. Other mental health counseling services may also be scheduled […]..
Posted on June 9, 2017
Yes! Although the most obvious incentive is a dismissal or a sentence of probation rather than prison, program participants are also provided with incentives in the form of gift cards and limited Second Chance Act support for school or work-related expenses when available. Depending on the nature of the program violation, sanctions may range from a verbal reprimand from the court and team, additional assignments and requirements, a short term of “flash incarceration”, or the involuntary termination from CASA and the imposition of sentence as […]..
Posted on June 9, 2017
Yes! If someone commits a new offense, or otherwise seriously violates the terms and conditions of their release bond or of the CASA program, he or she may be terminated from the program after a hearing. If terminated, the client stands to be sentenced as may be stated in the plea agreement including a sentence of imprisonment as per the guidelines...
Posted on June 9, 2017
Please contact the Collaborative Courts Supervising Attorney Raul Ayala (raul_ayala@fd.org) at (213) 894-7331 or Paralegal Joyce Delaney (joyce_delaney@fd.org) at (213) 894-5058...
Posted on June 9, 2017
A material witness is a person whose testimony is material to a criminal proceeding, and where it appears from an affidavit filed by a party that this person’s presence for testimony cannot be secured by a subpoena. A judge can order the person arrested, but also order that s/he be released from custody if certain conditions are met. 18 USC section 3144...
Posted on June 9, 2017
Yes. The Federal Public Defender’s Office typically is appointed to represent indigent material witnesses...
Posted on June 9, 2017
The material witness will be brought to court for a bail hearing. The material witness typically will be released after posting an unsecured bond filed by a third party. Typically, the bond is set at $5,000. There are unusual situations, however, when material witnesses are not released on bond, or are released under more strict conditions...
Posted on June 9, 2017
Typically, they are held in the Santa Ana Jail, located at 62 Civic Center Plaza, Santa Ana CA 92701. You can contact the Santa Ana Jail at (714) 245-8100...