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Criminal prosecution and defense

USC Gould School of Law • April 20, 2007
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Attorneys from both sides of the aisle speak at USC Law

They sit on opposite sides of the aisle – one is a prosecutor, the other is a defense attorney. And to the surprise of many, they are friends.

The Los Angeles attorneys gave their unique perspectives to USC Law students in a presentation about what happens on both sides of a criminal trial.

Deputy District Attorney Mario Trujillo and attorney Rich Chacon, a 1999 graduate of USC Law, said they got to know each other when they worked on opposite sides of a case involving a man accused of drug and gun possession. The man was later convicted of the drug charge at trial.

Rich Chacon and Mario Trujillo 
 Rich Chacon, left, and Mario Trujillo
They developed a mutual respect for each other while working on the case, stayed in contact when it concluded and years later, remain close friends.

The pair believe it is important to educate law students about both sides in a case, whether it be the prosecution or defense end.

A prosecutor’s role in a case begins after the case has passed through several people, said Trujillo. He works in the hardcore gang prosecution unit that covers crimes – mostly homicides – committed in an area of Los Angeles east of the Harbor Freeway, from about Olympic Boulevard in the north to Florence Avenue in the south.

A crime begins with an incident, during which a police officer will make an arrest or issue a citation. The officer’s report next goes to a police detective, who further investigates the crime and sends the information to the district attorney’s office. There, a filing deputy evaluates the case and, within 48 hours of arrest, must either charge or release the suspect.

Mario Trujillo“Our standard in filing a case is ‘Can we convince a jury at trial?’” Trujillo said. “If we file a case, it’s because we think we can get a conviction.”

The relationship between police officer and district attorney is not as friendly as it might seem in some television dramas, Chacon said, especially when an arrested suspect is released without being charged.

“They’re not buddy-buddy,” he said. “A lot of times the detectives are saying they know the suspect committed the crimes and the D.A. is saying they can’t get a conviction.”

Once arrested and charged, suspects first appear in court for an arraignment, during which they are formally notified of the charges and bail is set. This is when a defense attorney will first ask the D.A. for an offer.

“We are so backed up in California, we are trying to clear cases” and will generally make an early disposition offer,” Trujillo said.

If charged with a felony, the defendant will have a preliminary hearing, during which a judge determines if there’s enough evidence to justify a trial. If there is, a trial date will be set.

Trujillo said he worked with the D.A.’s office for 16 months before receiving a felony case – it would have been longer, but another attorney was sick. In that same amount of time, he had handled about 20 misdemeanors, he said.

Chacon worked with a firm for several years before striking out on his own. He defended suspects for seven years before going to trial.

Chacon and Trujillo spoke to students about criminal defense and prosecutionChacon said he works to maintain a reputation as an honest and straight-shooting attorney, which serves his clients well when he attempts to negotiate deals with prosecutors. He’s seen prosecutors pile on charges or refuse to make a plea bargain when a defense attorney has a bad attitude.

Both Chacon and Trujillo emphasized the importance of intimately knowing a case. Trujillo said he can always tell defense attorneys are ill prepared if they can’t quote from a case’s narrative as well as Trujillo.

“I had a professor who used to say you should have two copies of your case – one for the file and one for your bathroom,” Trujillo said. “You should know your case inside and out.”

The event was sponsored by the Criminal Law Society and La Raza Law Students Association.

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