Top Ten Things I Wish Someone Had Told Me My First Day Top Ten Things I Wish Someone Had Told Me My First Day* *or really any other day prior to the day I screwed things up

Top Ten Things I Wish Someone Had Told Me My First Day 10. Defense attorneys are NOT your friends

10. Defense Attorneys Are NOT Your Friends “Hey, I used to be in your office . . .” “Someday you are going to be on my side of the aisle . . .” “You are so much better than (insert name of prior attorney in your position)” “Trust me. I have been doing (insert type of case here) forever. You cannot ever win.” Pump you for information about a case or attorney

Top Ten Things I Wish Someone Had Told Me My First Day 10. Defense attorneys are NOT your friends 9. Police officers are NOT your friends

9. Police Officers Are Not Your Friends Authorizing charges Cannot charge cases just because an officer wants you to. One of the hardest things to do as a new prosecutor is say no to the police. But you have to. The job of a prosecutor is to seek justice, not merely convictions Follow up investigation Can ask officers to get written statements, photographs, line ups, etc.

Top Ten Things I Wish Someone Had Told Me My First Day 10. Defense attorneys are NOT your friends 9. Police officers are NOT your friends 8. What is a “prover” and where do I get one?

8. What is a “Prover”? You are preparing a domestic battery for jury trial. Outside the courtroom on the day of trial, you meet with the victim who tells you everything in the report is correct and exactly what happened. On the witness stand, the victim completely recants. What do you do? What should you have done? You are preparing a domestic battery for jury trial. Outside the courtroom on the day of trial, you meet with the victim who completely recants and says the defendant never hit her. Unhappy with this revelation, you keep your mouth shut hoping she will take the oath seriously and tell the truth on the stand. What can you say goodbye to? What should you have done?

Top Ten Things I Wish Someone Had Told Me My First Day 10. Defense attorneys are NOT your friends 9. Police officers are NOT your friends 8. What is a “prover” and where do I get one? 7. Turns out professional witnesses need to be prepped

7. Turns Out “Professional” Witnesses Need to Be Prepped Police Officers Don’t assume they have a clue what their report says or that it is accurate What should you do if the defense attorney subpoenas the officers personnel file? What should you do Should you talk to multiple officers at the same time? What should you do if you come across a report/evidence that has not been tendered? Doctors Go to them for a pretrial, it will help you make nice What can they testify to? Statement of victims? How do you make sure you have all their reports? Crime Lab Personnel If possible, go to them Make sure you have all their notes/records – subpoena Remember whatever you say ends up in their notes Exhibits Show them whatever you plan to use Prep for how to use a diagram Motions in Limine Make sure you tell the witness what they can and cannot say so you know what they most assuredly will say

Top Ten Things I Wish Someone Had Told Me My First Day 10. Defense attorneys are NOT your friends 9. Police officers are NOT your friends 8. What is a “prover” and where do I get one? 7. Turns out professional witnesses need to be prepped 6. Yeah, turns out ALL witnesses need to be prepped

6. Yeah, Turns Out ALL Witnesses Need To Be Prepped Can’t say it enough – whenever you meet with a lay witness whether seemingly cooperative or not, HAVE A PROVER Should you take notes? If you take notes, are they discoverable? Can you show the witness the police report? Transcripts? Written statements? Using exhibits Motions in Limine

Top Ten Things I Wish Someone Had Told Me My First Day 10. Defense attorneys are NOT your friends 9. Police officers are NOT your friends 8. What is a “prover” and where do I get one? 7. Turns out professional witnesses need to be prepped 6. Yeah, turns out ALL witnesses need to be prepped 5. How to deal with the Court

5. How To Deal With the Court Know your judge – talk to other prosecutors Pick your battles – concede what should be conceded What is a 402 conference & should you agree to one What to do if the judge tells you to dismiss a case File written responses and inform the court about your case Trust yourself and learn the value of a case

Top Ten Things I Wish Someone Had Told Me My First Day 10. Defense attorneys are NOT your friends 9. Police officers are NOT your friends 8. What is a “prover” and where do I get one? 7. Turns out professional witnesses need to be prepped 6. Yeah, turns out ALL witnesses need to be prepped 5. How to deal with the court 4. What type of case is worth your law license?

4. What Type of Case Is Worth Your Law License? Obviously – no case Easier said than done Disclose EVERYTHING Cooperation agreements Cross referenced reports Criminal history of witnesses Mental health issues? Drug addiction? File Motions in Limine to keep it out

Top Ten Things I Wish Someone Had Told Me My First Day 10. Defense attorneys are NOT your friends 9. Police officers are NOT your friends 8. What is a “prover” and where do I get one? 7. Turns out professional witnesses need to be prepped 6. Yeah, turns out ALL witnesses need to be prepped 5. How to deal with the court 4. What type of case is worth your law license? 3. Look at the evidence

3. Look At the Evidence Go to the crime scene Look at the line up photos Look at the photos/video of the scene Go through the clothing – look in the pockets Go through wallets, purses, etc. Go through all the documents/paperwork

Top Ten Things I Wish Someone Had Told Me My First Day 10. Defense attorneys are NOT your friends 9. Police officers are NOT your friends 8. What is a “prover” and where do I get one? 7. Turns out professional witnesses need to be prepped 6. Yeah, turns out ALL witnesses need to be prepped 5. How to deal with the court 4. What type of case is worth your law license? 3. Look at the evidence 2. Turns out defense attorneys talk to each other – and so do judges

2. Turns Out Defense Attorneys Talk to Each Other – and So Do Judges Your reputation is key Don’t be a bully Don’t play hide the ball Be professional Develop a poker face Remember victims, witnesses & potential jurors are in court watching you

Top Ten Things I Wish Someone Had Told Me My First Day 10. Defense attorneys are NOT your friends 9. Police officers are NOT your friends 8. What is a “prover” and where do I get one? 7. Turns out professional witnesses need to be prepped 6. Yeah, turns out ALL witnesses need to be prepped 5. How to deal with the court 4. What type of case is worth your law license? 3. Look at the evidence 2. Turns out defense attorneys talk to each other – and so do judges 1. Try cases

1. Try Cases The only way to improve is to practice It is good to be nervous, that means you care It is ok to lose, as long as you tried your best. And if it doesn’t completely suck and hurt to lose, then get another job If you think you already know it all, you are wrong. Always be learning

Good Luck!!! MICHAEL “MICK” COMBS Assistant State’s Attorney McHenry County MPCombs@co.mchenry.il.us combs244@hotmail.com Office 815-334-4936 Cell 815-520-1763