NARCOTICS BUREAU
DETECTIVE DIVISION ORDER
LOS ANGELES COUNTY SHERIFF’S DEPARTMENT
Bureau Order Number: 6-20
Subject: LETTERS OF CONSIDERATION
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Effective Date: |
03/15/2009 |
Last Date Revised: |
09/02/2011 |
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Last Date Reviewed: |
04/01/2021 |
Next Review Date: |
04/01/2022 |
I. CONCEPT AND ISSUES
A. Purpose
The primary purpose of this Bureau Order is to establish policy and procedure for a “Letter of Consideration.”
B. Background
Whenever a Department member deems that a defendant involved in an investigation has assisted in the efforts of the investigation or provided information on another criminal investigation, that investigator, with the approval of his Unit Commander, may prepare a letter for signature by the investigator’s Unit Commander to the local court requesting that the defendant’s action be taken into special penalty consideration.
C. Scope of Policy
This policy is designed to assist Narcotics Bureau Personnel by providing specific guidelines in the preparation of letters of consideration.
D. Accountability
All sworn personnel of the Narcotics Bureau will be held accountable for strict adherence to this policy whenever a letter of consideration is prepared.
E. Training
Narcotics Bureau Sergeants will ensure that all personnel under their direction have been thoroughly trained on all aspects of this policy. Special attention should be made to newly assigned personnel and
required training outlined in the deputy orientation program.
F. Conclusion
The intent of this policy is to establish procedures that will ensure uniformity when preparing letters of consideration.
II. POLICY
When an investigator believes a defendant’s action should be taken into special penalty consideration, a memorandum from the investigator to the Bureau Captain will be written requesting a “Letter of Consideration.” The memorandum format for all “Letter of Consideration” requests shall be the same (refer to attachment A). The procedural steps for a “Letter of Consideration” to be sent to a court will be as follows:
the Zone Lieutenant, to the Bureau Commander, requesting a “Letter of Consideration”. In addition to the memorandum, the investigator shall submit supporting documents (including defendant’s criminal history, RAPS, CJIS, APS, PIMS, CCHRS and all other paperwork pertinent to the case). Required information that is not provided in the memorandum and/or lack of supporting documents will delay the approval request.
NOTE: A defendant who has a history of violent crime, sexual assaults, child molestation or any other offense which may cause embarrassment to the Department shall not be approved.
completeness and that all supporting documents have been submitted. If the Zone Lieutenant concurs with the request for a “Letter of Consideration” and has ensured a complete package has been prepared, the Lieutenant shall sign the memorandum and forward the complete package to the Bureau Commander.
- The Bureau Commander will review the complete package and upon
concurrence with the request, will sign the memorandum and forward it to the Detective Division Chief for approval.
“Letter of Consideration” (refer to attachment B), signed by the Bureau Unit Commander, and forward it to the appropriate court.
In preparing a request for a “Letter of Consideration”, Bureau personnel are reminded that the procedural process for all requests is governed by the Department’s Policy and Procedure Manual, 3-01/110.70 - Consideration for Defendants.
SEE ATTACHMENTS “A” AND “B” FOR SAMPLES.
ORIGINAL SIGNED
LOY L. MCBRIDE, CAPTAIN
NARCOTICS BUREAU
(ATTACHMENT “A”)
COUNTY OF LOS ANGELES
SHERIFF'S DEPARTMENT
OFFICE CORRESPONDENCE
DATE:
class=WordSection4>
FROM: TO:
SUBJECT: LETTER OF CONSIDERATION
We are requesting that a letter of consideration be sent as follows:
Addressee: Example: James Jones
Name: District Attorney
Agency/Court: Rio Hondo
Address: 11234 Valley Blvd
City, Zip: El Monte, CA 91731
Defendant: _________________________
Case No: _________________________
Charge: _________________________
Next Court Date: _________________________
The defendant has assisted us in the following manner:
How many search warrants:____________________________________
Suspects arrested:___________________________________________
How much drugs involved:____________________________________
Currently assisting with other cases:______________________________
The case(s) the defendant is to appear on is the result of his/her arrest by:
_____ LASD and we are assigned as the investigators.
_____ LASD and the assigned/arresting deputy concurs with this letter.
_____ By ________________ (agency) and the assigned/concurs with this letter.
Other:________________________________________________
The defendant does/does not have a history of violent offenses. If yes, explain: ____________________________________________________
D.D.A. concurs with this recommendation.
*Examples: 1. One year County jail - probation w/search order
2. Case dismissed - probation/fine granted
3. Community service program be granted in lieu of incarceration.
4. Minimum County jail
5. Other request
* Circle specifically what you are requesting.
Informant: ______________________________________
Number: ______________________________________
Informant Card attached: ( ) Yes ( ) No
Informant Card on file: ( ) Yes ( ) No
APPROVED:
ZONE LIEUTENANT _______________________________ DATE _______________
BUREAU CAPTAIN ________________________________ DATE _______________
DIVISION CHIEF ________________________________ DATE _______________
(ATTACHMENT “B”)
- EXAMPLE -
March 7, 2001
Mr. Dan Damon, Deputy District Attorney
Newhall Municipal Court
23747 West Valencia Boulevard
Valencia, California 91355
Dear Mr. Damon:
In the matter of:
Defendant: John Doe
Case No.: PA12345
Charges: 11359 H&S
It is my understanding that Defendant Doe will appear in court on April 17, 2001.
The purpose of this letter is to inform you that Defendant Doe has assisted the Los Angeles County Sheriff’s Department, Narcotics Bureau, by providing information on two cases which subsequently led to the arrest of three adult suspects and the seizure of fourteen pounds of marijuana and seventy-five grams of methamphetamine.
In return for Defendant Doe’s cooperation with law enforcement, it is requested that his case be dismissed or probation/fine be granted.
Thank you for your consideration of this request.
Sincerely,
ALEX VILLANUEVA, SHERIFF