Smith for Prosecutor

Issues & Political Concerns

Accountability

There are several tools available to prosecutors to hold repeat offenders accountable. The most commonly used one is the Habitual Offender Enhancement.

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Anyone who is charged with a Level 4 felony through Murder could have an additional 6-20 years added to their sentence that has to be served incarcerated if they have the requisite prior felonies.

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Likewise, anyone charged with a Level 5 felony or Level 6 felony (as long as the Level 6 felony is not enhanced from a misdemeanor to a felony based on a prior conviction) could face an additional 2-6 year sentence that must be served incarcerated if they have the requisite prior convictions.

I have also used the Habitual Vehicular Substance Offender enhancement. This may be used when a person has the requisite number of prior OWI convictions.

It is also common for me to enhance a misdemeanor because of a prior conviction. When a misdemeanor is elevated to a felony, the available sentence is more severe.

Another way to deal with repeat offenders is to file a Motion to Revoke Bond. This allows for a Defendant to be returned to jail for violating a condition of their bond.

I’m proud to work in a team of professionals in Jefferson County that use these tools to keep the people of Jefferson County safe by keeping repeat offenders off the street. I will do the same in Crawford County.

I believe that holding repeat offenders accountable is a vital part of Common Sense Prosecution.

Truancy

A couple of teachers have asked me who is responsible if students are not in school. As the deputy prosecutor in charge of Jefferson County’s juvenile docket, I have some insight.

There are two options for truancy. One directly affects the juvenile, and the other is directed at the parents.

If they’re not attending because they’re just cutting class, then the school resource officer would send me a report that I send to juvenile probation. Juvenile probation then can do an informal adjustment, which is just short of a formal charge in juvenile court. An informal adjustment is a way to scare juveniles straight. If the problem continues, then the child goes before a judge and the child (and his or her parent or guardian) will be required to participate in the agreed plan. This can be as simple as requiring the child to go to school, or as serious as removing the child from the home and putting them in a secure detention facility.

If the issue is that children aren’t coming to school because the parents aren’t making them, then that can be a criminal case against the parents. Usually, there are a couple of warning letters sent by the school to the parents listing the number of days that have been missed. When it comes to my desk, the probable cause affidavit and copies of the letters are accompanied by a letter from the school stating that the child is being harmed (and is falling behind) because of the missed instruction. The criminal charge is Neglect of a Dependent, Level 6 Felony. I have charged that, and have no issue with doing so again.

Usually, the solution in a neglect case like this is either a diversion, where one of the criteria is following all laws (including making sure children attend school), or a guilty plea with probation, where the same expectation of following laws is present.

For all of this to work, It’s very important for the prosecutor to have a good working relationship with the judge. Teachers cannot teach if the students aren’t in class. Keeping children in school is just another bit of Common Sense Prosecution.

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