Agenda Packets - 1999/09/20 - Laserfiche WebLink

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7. Pretrial Conferences and Omnibus Hearings: We will represent the City of Mounds View by preparing a case file, obtaining all necessary documentation (certified driving records, certified conviction records, etc.), notifying and/or subpoenaing any necessary witnesses, contacting victims pursuant to the Crime Victims' Rights Act (to solicit input on dispositions, restitution, etc.), making and responding to pretrial motions, and appearing for the city at the pretrial/omnibus hearings. Typical gross misdemeanor cases set for an omnibus hearing include aggravated driving while under the influence of alcohol, fleeing a police officer, driving after cancellation, some forms of assault, theft, bad checks, forgery and criminal damage to property. 8. Jury Trials: More serious cases—misdemeanors and gross misdemeanors—are tried to six person juries. Cases set for jury trials are those that do not result in a guilty plea at the pretrial conference and/or omnibus hearing. Normally jury trials are set for a "week certain"; that is, cases are scheduled for a weekly calendar call and then set for trial on specific days throughout the week. The prosecuting attorney will be available throughout the week should the case be called for trial. We will prepare the case file, notify and/or subpoena necessary witnesses, obtain all necessary documents, make a response to pretrial motions and present Mounds View's case at jury trials. 9. Sentencings: Normally sentencings occur at the time of the guilty finding, verdict, or plea (arraignment, pretrial conference, omnibus hearing); however, in many cases (assault, gross misdemeanor violations, etc.), the court conducts a pre-sentence investigation and has sentencing occur at a later date. We will represent the City by presenting information pursuant to the Crime Victims' Rights Act, and supplying the court with all necessary information (prior record, restitution claims, etc.). 10. Downtown Arraignments. We will represent the City of Mounds View at these in-custody arraignments at the ADC, in cooperation with the other suburban prosecutors to insure appropriate bail motions are made for those who are in custody. 11. Appeals: Appeals from district court are to the Minnesota Court of Appeals and then a discretionary appeal to the Minnesota Supreme Court. The Appeal process sometimes involves a filing fee and always involves some printing and/or binding fee in preparation of briefs. Attorney time for appeals are included in the fee. FEES Hughes & Costello will provide the above described prosecution services to the City of Mounds View on the following basis: All listed prosecution services for the sum of $3,675.00 per month. The only possible additional fees would be for out-of-county subpoenas which rarely occur, fees for transcripts from court reporters, which are rarely necessary and any filing fees or binding fees for appeals. There would be no additional fees for attorney or paralegal time. The above legal services include all back-up resources necessary for proper discharge of the prosecution responsibilities. Back-up includes secretarial, office supplies, travel, postage and similar expenses. Respectfully submitted, HUGH : &COS . LO omas R. Hugh-- .�