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My office seems inundated with requests for letters explaining that Johnny was arrested for ?? but charges were not filed. Whether because of a problem with the case, or it not even being presented,we often don't even have a record of Johnny in our office. The military, TDCJ, and other employers discover the arrest then claim that they cannot hire Johnny without a letter of "explanation" from this office.

If we did one everytime we are asked, there would be at least ten a week. With one secretary - my answer has been NO.

Are you writing the letters? Do you have a form that you just sign and hand out? What is the solution to this? (and don't say file every case!)

Lisa L. Peterson
Nolan County Attorney
 
Posts: 736 | Location: Sweetwater TX | Registered: January 30, 2001Reply With QuoteReport This Post
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In the past I have used a form letter that basically says:

"Yes, Johnny was arrested. The case was not filed (Or was filed and dismissed). No charges against Johnny are pending at this time."

Whenever someone requested one all I did was change the date, the name, and sign it. I never had any employer call me to request more information.
 
Posts: 394 | Location: Waco, Tx | Registered: July 24, 2009Reply With QuoteReport This Post
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Make youself a little form letter if you need to, but they are too important to not answer. Even though they can be a pain in the rear, they come under part of the prosecutor's duty -- to see that Justice is done.
 
Posts: 130 | Location: Texas | Registered: October 12, 2006Reply With QuoteReport This Post
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I haven't had it come up often enough to have made a form letter, but I've been asked to provide a letter from time to time. It's very basic -- just "The case was no-billed by the grand jury", "the DA's office declined to file a case", or even "we have no record of this case." But I agree that it's important to respond.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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I send out a letter to the defendant every time I decline a case or if the case is no-billed.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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I give them a letter stating what I know about the case. Whether dismissed, rejected or never presented. I too feel it is part of my job to give them the information. However, I tell them I will only do it one time. It is up to them to keep up with the letter.
 
Posts: 106 | Location: Uvalde, Texas | Registered: May 15, 2002Reply With QuoteReport This Post
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I don't argue that it's the right thing...it is also a time consuming thing; oh for an assistant. I have created a form letter that basically says that the case either wasn't presented or wasn't accepted - with a caveat that I can't access DA or JP records - and it doesn't include juveniles contacts.

Anything else that should be in there?

Lisa L. Peterson
Nolan County Attorney
 
Posts: 736 | Location: Sweetwater TX | Registered: January 30, 2001Reply With QuoteReport This Post
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Whenever we get such a request and my office has no case I run a TCIC and find out which agency made the arrest and ask them where the case is.Having to clean up our awful lack of reporting to the TCIC /DPS system has uncovered a lot of laziness with officers just sitting on good cases or cases so old that the SOL has run. Prosecutors need to make sure the local officers are not protecting friends or making judgement calls about not filing cases. That is our job. A dog is easy to No Bill.
 
Posts: 334 | Location: Beeville, Texas., USA | Registered: September 14, 2001Reply With QuoteReport This Post
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