The ACO Voice A Monthly Magazine from Animal Control Training Services The Only National Monthly Magazine Dedicated to Animal Control

Size: px

Start display at page:

Download "The ACO Voice A Monthly Magazine from Animal Control Training Services The Only National Monthly Magazine Dedicated to Animal Control"

Amy West
5 years ago
Views:

1 December 2018 The ACO Voice A Monthly Magazine from Animal Control Training Services The Only National Monthly Magazine Dedicated to Animal Control Preparing for the Courtroom The ACO Voice - Page 1

2 The ACO Voice - Page 2

Preparing for the Courtroom By Mark Byers Editor s Note: My good friend Mark Byers, formerly of the Spanish Fork, Utah Police Department, wrote this article some time ago. Mark has since retired.

3 Preparing for the Courtroom By Mark Byers Editor s Note: My good friend Mark Byers, formerly of the Spanish Fork, Utah Police Department, wrote this article some time ago. Mark has since retired. He was a true professional and knew his stuff regarding courtroom presentation. Enjoy! In our field of work we issue citations and arrest individuals for all types of violations. There will always be an opportunity for individuals to plead guilty or not guilty to the violations and have their day in court. The following is a general overview of trial procedures. This article does not cover the rules of evidence nor offer legal advice. Remember, you must consult your own prosecuting attorney for legal advice. Trial Preparation You should make copies of documents, charts or photographs well before the trial. The court will issue an order, a subpoena, to require witnesses to help you explain your case. Request subpoenas from the court clerk at least two weeks before your trial. Trial Overview There are basically three parts to the trial: [I] an introduction, [2] the presentation of evidence, and [3] the closing statement. The introduction and the closing statement are not evidence. They are brief statements about how each side views the evidence. The main part of the trial involves presentation of evidence. The prosecution speaks first because they are required to prove the case beyond a reasonable doubt. Then the defendant will have an opportunity to speak or present evidence. Continued on Page 5 The ACO Voice - Page 3

4 The ACO Voice - Page 4

Opening Statement During the introduction or opening statement, each side may take one or two minutes to outline evidence they intend to present. The parties often skip this step.

5 Opening Statement During the introduction or opening statement, each side may take one or two minutes to outline evidence they intend to present. The parties often skip this step. If the evidence is from only a few witnesses, it may not need an introductory statement. An opening statement is a brief overview. It is not a narrative of testimony to be given nor statements to be made under oath. Prosecutor s Case The city attorney will call witnesses, some of whom may be animal control officers or police officers. The city attorney will question the witnesses concerning the facts in the case. After the city attorney has finished questioning a particular witness, the defendant will have a right to cross-examine the witness. Cross-examination means asking questions concerning the facts about which the witness has testified or about what happened at the time of the alleged crime. The cross-examination questions should be about the witness s recollection of facts. Each witness is treated in this fashion. After cross-examination is completed, the city attorney will have the opportunity to conduct a redirect examination. Redirect examination means the city attorney may ask additional questions about the witness s answers during cross-examination. When the city attorney finishes calling witnesses, the prosecution will rest or end its case. The ACO Voice - Page 5 Defendant s Case If the defendant decides to present evidence, that individual may testify under oath. It is not and cannot be required that the defendant testify. If the defendant chooses to testify, the prosecution has the right to cross-examine the defendant. The defendant may also present other witnesses at this time. The prosecution may also cross-examine these witnesses. Testimony should be restricted to facts about the charges against the defendant. At the conclusion of the defendant s case, the city attorney will have an opportunity to call witnesses in an attempt to refute the defendant or the defendant s witnesses testimony. If the prosecution calls rebuttal witnesses, the court will allow the defendant to call witnesses to refute that testimony. Evidence The prosecution has the burden of proof or the responsibility to prove its case beyond a reasonable doubt. Therefore, the prosecution must present evidence at the trial. If the defendant enters a not guilty plea, the defendant is presumed innocent. The defendants are not required to present evidence at the trial because of the presumption of innocence. Photographs and some written documents may be used as evidence. The court clerk should number each item of evidence before the trial starts. Please arrive at court about fifteen minutes early so the clerk will have time to mark the evidence. You should bring the original evidence to be numbered and submitted to the court. When possible, you should bring the original evidence and two copies. The clerk will mark the original evidence for the court. The prosecution will use one copy and the defendant will use the third copy. The Rules of Evidence generally do not allow notarized and other written statements to be used as evidence. Since the person who wrote the statement is not in court, they cannot be cross-examined. Hearsay evidence is usually inadmissible. Hearsay is testifying about what another person said or told you. Hearsay is considered unreliable because it is secondhand or retold information. Conclusion of the Trial After all the evidence has been presented, each side has an opportunity to summarize the case in their closing statement. This statement is limited to about five minutes. This is a time to review the evidence introduced during the trial. It is not a time to introduce new evidence. The closing statement is an opportunity to explain your view of the case and evidence already presented. The prosecution speaks first, followed by the defendant. The prosecution has an additional opportunity to speak after the defense, because the prosecution has the burden of proof. Each side has the same total time. The prosecution just has an opportunity to split its time between two speeches. After the closing statements, the court will decide the case. I hope this information will help each of you in preparing for future court cases. Please remember to always have a good working relationship with your prosecuting attorneys and the judges in your area. Always dress very professional when appearing in court.

6 The ACO Voice - Page 6

7 When is it Time to Leave? When you have worked at the same job, or the same type of job for years, job burnout is a possibility. And while there are many common signs of job burnout you can see in others, knowing when to quit yourself is often much harder. Why? * You don't want to admit that you held onto a position too long. * You don't usually 'walk away' from things. * You don't see a single good enough reason to leave. * It becomes a game to see if you can outlast other people. The problem is not knowing when to quit, it is realizing that it is time to get out before any real damage is done. There are many ways staying at a completely unsatisfying job can cause harm. Health complications - Heart disease; Asthma; Obesity; Diabetes; Headaches; Gastrointestinal problems; Alzheimer's disease; Accelerated aging; Premature death. Mental complications - Depression and anxiety; Irritability; A constant bad attitude; Lack of concern; Lack of patience. So how is knowing when to quit possible? What are the signs of your own job burnout? * When you don't want to get out of bed because it's a workday. * When you have to convince yourself not to turn around on the way to work. * When the irritability overwhelms you enough to effect family and friends. * When you can no longer respond positively to anything or anyone while working. * When you start to notice signs of being the type of person you often complain about. * When all you are able to do is complain at work or about work. Continued on Page 8 The ACO Voice - Page 7

* When you know you are wasting your time being at your job. * When what you once thought as common now seems suddenly odd or unusual in the outside world to you.

Knowing when to quit is one thing; doing it without causing problems for yourself is another. What do you do so that you don't cause more harm to yourself or people around you?

Do not simply walk out during a shift or not show up for work. You don't know what ramifications this may cause down the road.

8 * When you know you are wasting your time being at your job. * When what you once thought as common now seems suddenly odd or unusual in the outside world to you. * When you catch yourself looking daily at different income opportunities or job openings. * When spending one minute more than you have to seems too much. So you know you have job burnout. Knowing when to quit is one thing; doing it without causing problems for yourself is another. What do you do so that you don't cause more harm to yourself or people around you? Even if you can't work another day, put in a two weeks notice and work the two weeks. This will give you something to look forward to. It will also give you time to figure out all your options. Do not simply walk out during a shift or not show up for work. You don't know what ramifications this may cause down the road. Be ready with another form of income that at least will match your current position or basic living expenses. Realize that it is the work you hate, not the life. Find ways to reestablish the balance between your life, work, and yourself. If you want to quit simply because you had a bad day, think about it overnight. If you want to quit because of a bad situation, wait to see if it improves first. Knowing when its time to quit takes more than bad day. ACTS Recommends The ACO Voice - Page 8

9 ACTS Training Schedule For a registration form, visit or call Comprehensive Animal Management Certification Hosted by Cullman County Animal Control January 14-16, Cullman, Alabama Schedule of Training: Advanced Case Supervision; Basic Budget Planning; Disciplinary Investigations; Equipment, Vehicles and Operational Needs; Evaluating Staff; Interviewing and Selection; Managing Generational Employees; Meetings: Individual, Specific Groups, Entire Staff; Policy and Procedures: Review and Development; Pushing Paperwork: Reports, Memos and Correspondence; Supervising Daily Operations; Training and Staff Development; Transition from Staff to Supervisor; Workplace Harassment and Violence Basic Animal Control Officer Certification Hosted by the Mountainair Police Department January 14-18, Mountainair, New Mexico Schedule of Training: State Laws, County Ordinances and City Codes; Tactical/Interpersonal Communication; Officer Safety and Self-Defense; Basic Animal Control Officer Investigations; Evidence Law and Collection; Courtroom Testimony and Report Writing; Safe Handling of Aggressive and Dangerous Dogs; Safe Animal Handling/Capture and Restraint Equipment Animal Control Officer Protective Equipment Training January 17-18, 2019 Hosted by the Cities of Grain Valley & Oak Grove - Oak Grove, Missouri Schedule of Training: Chemical Immobilization Certification; Baton/Bitestick Certification Basic Animal Control Officer Certification Hosted by the Newnan Police Department and Coweta County Animal Services February 4-8, Newnan, Georgia Schedule of Training: State Laws, County Ordinances and City Codes; Tactical/Interpersonal Communication; Officer Safety and Self-Defense; Basic Animal Control Officer Investigations; Evidence Law and Collection; Courtroom Testimony and Report Writing; Safe Handling of Aggressive and Dangerous Dogs; Safe Animal Handling/Capture and Restraint Equipment Training Course for Animal Control Professionals Hosted by the Montgomery County Animal Resource Center February 4-8, Dayton, Ohio Schedule of Training: Comprehensive Animal Management Certification; Illegal Animal Fighting; Investigative Techniques for Cruelty and Neglect Complaints Shelter Technician Certification Hosted by the Alabama Animal Control Association February 11-13, Mobile, Alabama Schedule of Training: Animal Care in a Sheltering Environment; Animal Disposition Options; Animal Identification: Breed and Description; Animal Shelter Maintenance; Animal Shelter Record-Keeping; Canine and Feline Behaviors and Assessments; Disease Exposures in a Sheltering Environment; Emergency Animal Sheltering; Proactive Animal Sheltering The ACO Voice - Page 9

10 ACTS Training Schedule For a registration form, visit or call Shelter Technician Certification Hosted by Jessamine County Animal Care and Control February 25-27, Nicholasville, Kentucky Schedule of Training: Animal Care in a Sheltering Environment; Animal Disposition Options; Animal Identification: Breed and Description; Animal Shelter Maintenance; Animal Shelter Record-Keeping; Canine and Feline Behaviors and Assessments; Disease Exposures in a Sheltering Environment; Emergency Animal Sheltering; Proactive Animal Sheltering Shelter Technician Certification Hosted by the Montgomery County Animal Resource Center March 4-6, Dayton, Ohio Schedule of Training: Animal Care in a Sheltering Environment; Animal Disposition Options; Animal Identification: Breed and Description; Animal Shelter Maintenance; Animal Shelter Record-Keeping; Canine and Feline Behaviors and Assessments; Disease Exposures in a Sheltering Environment; Emergency Animal Sheltering; Proactive Animal Sheltering Basic Animal Control Officer Certification Hosted by the Southwestern Community College - Public Safety Training Division March 4-8, Franklin, North Carolina Schedule of Training: State Laws, County Ordinances and City Codes; Tactical/Interpersonal Communication; Officer Safety and Self-Defense; Basic Animal Control Officer Investigations; Evidence Law and Collection; Courtroom Testimony and Report Writing; Safe Handling of Aggressive and Dangerous Dogs; Safe Animal Handling/Capture and Restraint Equipment Shelter Technician Certification Hosted by the Montgomery County Animal Resource Center March 6-8, Dayton, Ohio Schedule of Training: Animal Care in a Sheltering Environment; Animal Disposition Options; Animal Identification: Breed and Description; Animal Shelter Maintenance; Animal Shelter Record-Keeping; Canine and Feline Behaviors and Assessments; Disease Exposures in a Sheltering Environment; Emergency Animal Sheltering; Proactive Animal Sheltering Training Course for Animal Control Professionals Hosted by the Dutchess County SPCA March 11-12, Hyde Park, New York Schedule of Training: Officer Safety and Self-Defense; Chemical Immobilization Certification Shelter Technician Certification Hosted by the Chino Valley Animal Shelter March 25-27, Chino Valley, Arizona Schedule of Training: Animal Care in a Sheltering Environment; Animal Disposition Options; Animal Identification: Breed and Description; Animal Shelter Maintenance; Animal Shelter Record-Keeping; Canine and Feline Behaviors and Assessments; Disease Exposures in a Sheltering Environment; Emergency Animal Sheltering; Proactive Animal Sheltering The ACO Voice - Page 10

11 ACTS Training Schedule For a registration form, visit or call Training Course for Animal Control Professionals Hosted by Rogers Animal Services April 8-12, Rogers, Arkansas Schedule of Training: Challenging Encounters in Animal Control; Understanding the ADA and Service Animals; Safe Handling of Aggressive and Dangerous Dogs; Officer Safety and Self-Defense; Safe Animal Handling/Capture and Restraint Equipment; Pepper Spray Certification; Chemical immobilization Certification; Baton/Bitestick Certification Chemical Immobilization Certification Hosted by the Boulder County Sheriff s Office May 4, Boulder, Colorado Schedule of Training: Chemical Immobilization Certification Training Course for Animal Control Professionals Hosted by Centerton Animal Services May 13-17, Centerton, Arkansas Schedule of Training: Comprehensive Animal Management Certification; Safe Handling of Aggressive and Dangerous Dogs; Safe Animal Handling/Capture and Restraint Equipment; Baton/Bitestick Certification Basic Animal Control Officer Certification Hosted by the Chino Valley Animal Shelter May 20-24, Chino Valley, Arizona Schedule of Training: State Laws, County Ordinances and City Codes; Tactical/Interpersonal Communication; Officer Safety and Self-Defense; Basic Animal Control Officer Investigations; Evidence Law and Collection; Courtroom Testimony and Report Writing; Safe Handling of Aggressive and Dangerous Dogs; Safe Animal Handling/Capture and Restraint Equipment Hosting ACTS Training Want to host an ACTS training program? ACTS would be honored to offer training for your agency and area agencies. We can tailor the training to your local needs. If you haven t already done so, review our training catalog for a list of training topics. Visit and click on the "training" tab. You can "build" a program based upon what you feel your group would most benefit from. Pick and choose the topics and the number of days for training. We are flexible in our offerings. As the hosting agency, your agency would receive 2 complimentary registrations for every 10 paid. ACTS can also promote the training to area agencies and provide registration forms. All we require from the hosting agency is a meeting room that has an LCD projector and a screen, along with speakers for sound. The meeting room should accommodate at least 20 students. There is no cost to the agency to host training, unless you choose to register your own employees for the training, outside of any comps that you might receive. ACTS welcomes the opportunity to assist with your training needs. Let us know how we can help. The ACO Voice - Page 11

The ACO Voice A Monthly Magazine from Animal Control Training Services The Only National Monthly Magazine Dedicated to Animal Control

January 2019 The ACO Voice A Monthly Magazine from Animal Control Training Services The Only National Monthly Magazine Dedicated to Animal Control ACO s Wear Many Hats Andy Reyes, Animal Control Officer