73B-Prosecution - 2019 - Laserfiche WebLink

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73 B - Prosecution Policy & Procedure Page 2 of 6 b. Direct the Police Prosecutor to seek a criminal or non-criminal disposition, warrant, or hearing in the appropriate court; or c. Exercise administrative discretion, within the parameters of the law, not to proceed with court action. 2. The Police Prosecutor is a direct subordinate to the Lieutenant Detective Commander. Both shall keep the Chief of Police regularly informed about the status and disposition of unusual or important Department cases. In addition, the Police Prosecutor should: a. Review all applications for complaint to insure that they are complete and include the Defendant's full name, address, and date of birth, social security number, and physical identifiers. In the case of a juvenile matter whether it is prosecuted or some type of diversion is made ensure the parent(s) or guardian(s) are properly identified. b. Review and file as soon as possible with the court all applications for complaint which result from an arrest; c. Ensure that the Chief of Police is advised of any application for complaint resulting from an arrest and/or provided with a copy of the arrest report; and d. Ensure that officers are informed in a timely manner of their required attendance in court by posting appearance dates on the Department's Court Boards. When necessary, officers and other witnesses should also be given a telephone call to confirm their appearance in the appropriate court (especially on short notice). e. Maintain a liaison with the Waltham Juvenile Court, Superior Court, Grand Jury, and other court agencies and departments to insure the timely exchange of information regarding court dispositions, bills, status information, bail hearings, etc. f. Ensure that all relevant information, which may be available through the Law Enforcement Administrative Processing System (LEAPS), National Crime Information Center (NCIC), or Criminal Justice Information System (CJIS) has been obtained and is included with the arrest reports. g. Share important information as may be required with the Victim Witness Advocate. 3. No case which has been brought before a court of competent jurisdiction shall be dismissed or "nolle prosequi" without the approval of the Chief of Police, his designee, or the District Attorney’s Office. (NOTE: references to the District Attorney include Assistant District Attorneys). 4. If it comes to the attention of the Chief of Police that a case cannot be prosecuted, or is dismissed by reason of the Department not adhering to its procedural guidelines, the Chief or a designee shall: