1. 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

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

3. 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

4. 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

5. 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.

6. 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. 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?

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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?

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. Good Luck!!!
MICHAEL “MICK” COMBS Assistant State’s Attorney McHenry County Office Cell