DOJ-OGR-00003454.json 6.1 KB

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  3. "page_number": "278",
  4. "document_number": "204-3",
  5. "date": "04/16/21",
  6. "document_type": "court document",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 278 of 348\n(e) If the offender is convicted, the sentence and conditions of supervised release, if any, that are imposed.\n...\n(6) Referrals. Once charges are filed, the responsible official shall assist the victim in contacting the persons or offices responsible for providing the services and relief [previously identified].\nc. Consultation With a Government Attorney\n(1) In General. A victim has the reasonable right to confer with the attorney for the Government in the case. The victim's right to confer, however, shall not be construed to impair prosecutorial discretion. Federal prosecutors should be available to consult with victims about major case decisions, such as dismissals, release of the accused pending judicial proceedings (when such release is for noninvestigative purposes), plea negotiations, and pretrial diversion. Because victims are not clients, may become adverse to the Government, and may disclose whatever they have learned from consulting with prosecutors, such consultations may be limited to gathering information from victims and conveying only nonsensitive data and public information. Consultations should comply with the prosecutor's obligations under applicable rules of professional conduct.\nRepresentatives of the Department should take care to inform victims that neither the Department's advocacy for victims nor any other effort that the Department may make on their behalf constitutes or creates an attorney-client relationship between such victims and the lawyers for the Government.\nDepartment personnel should not provide legal advice to victims.\n(2) Prosecutor Availability. Prosecutors should be reasonably available to consult with victims regarding significant adversities they may suffer as a result of delays in the prosecution of the case and should, at the appropriate time, inform the court of the reasonable concerns that have been conveyed to the prosecutor.\n(3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and consider victims' views about, prospective plea negotiations. In determining what is reasonable, the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case, including, but not limited to, the following factors:\n(a) The impact on public safety and risks to personal safety.\n(b) The number of victims.\n(c) Whether time is of the essence in negotiating or entering a proposed plea.\n252\nDOJ-OGR-00003454",
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  14. "content": "Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 278 of 348",
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  19. "content": "(e) If the offender is convicted, the sentence and conditions of supervised release, if any, that are imposed.\n...\n(6) Referrals. Once charges are filed, the responsible official shall assist the victim in contacting the persons or offices responsible for providing the services and relief [previously identified].\nc. Consultation With a Government Attorney\n(1) In General. A victim has the reasonable right to confer with the attorney for the Government in the case. The victim's right to confer, however, shall not be construed to impair prosecutorial discretion. Federal prosecutors should be available to consult with victims about major case decisions, such as dismissals, release of the accused pending judicial proceedings (when such release is for noninvestigative purposes), plea negotiations, and pretrial diversion. Because victims are not clients, may become adverse to the Government, and may disclose whatever they have learned from consulting with prosecutors, such consultations may be limited to gathering information from victims and conveying only nonsensitive data and public information. Consultations should comply with the prosecutor's obligations under applicable rules of professional conduct.\nRepresentatives of the Department should take care to inform victims that neither the Department's advocacy for victims nor any other effort that the Department may make on their behalf constitutes or creates an attorney-client relationship between such victims and the lawyers for the Government.\nDepartment personnel should not provide legal advice to victims.\n(2) Prosecutor Availability. Prosecutors should be reasonably available to consult with victims regarding significant adversities they may suffer as a result of delays in the prosecution of the case and should, at the appropriate time, inform the court of the reasonable concerns that have been conveyed to the prosecutor.\n(3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and consider victims' views about, prospective plea negotiations. In determining what is reasonable, the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case, including, but not limited to, the following factors:\n(a) The impact on public safety and risks to personal safety.\n(b) The number of victims.\n(c) Whether time is of the essence in negotiating or entering a proposed plea.",
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  24. "content": "252",
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  29. "content": "DOJ-OGR-00003454",
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  39. "dates": [
  40. "04/16/21"
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  42. "reference_numbers": [
  43. "1:20-cr-00330-PAE",
  44. "204-3",
  45. "DOJ-OGR-00003454"
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  47. },
  48. "additional_notes": "The document appears to be a court document related to victim rights and consultation with government attorneys. The text is well-formatted and clear, with no visible redactions or damage."
  49. }