Why Have Laws At All, If The DA Will Not Prosecute?

Dallas DA says he won't prosecute 'low-level' crimes like theft and felony drug possession

The Governor, the Mayor, the Police Department, the Police Union and many more aren't too happy about this Democrat's reform ideas.

(Image source: YouTube screenshot)

 CALEB HOWE

Dallas County District Attorney John Creuzot has stolen some of the political oxygen in the city, and the state in general, with his new reform measures, even with all the national news going on. But that small theft wouldn't be prosecuted by his office these days: They don't do that anymore.

Creuzot, a Democrat, has angered local and state officials, and importantly police unions, with his decree that his office will no longer be prosecuting what he has non-technically referred to as "low-level" crimes. As a recent Dallas Morning News op-ed put it, "shook" the people tasked with law enforcement and government. Or perhaps it would be more accurate to say he has them "shook."

The new agenda for the new district attorney is, he says, aimed at ending "mass incarceration" and jail time for "technical" violations which aren't a threat to public safety. That includes a lot drug offenses, and although his letter informing the county residents of his overall plan was only published a week ago, he's already dismissed more than 1,000 drug possession cases since taking office this year.

"The changes that I promised will be a step forward in ending mass incarceration in Dallas County, and will make our community safer by ensuring that our limited resources are spent where they can do the most good," said Creuzot in the letter. He also specifically covered the drug offenses he has already dismissed.

First-Offense Marijuana Although African Americans and people of other races use marijuana at similar rates, in Dallas County African Americans are three times more likely to be prosecuted for misdemeanor marijuana possession than are people of other races. After arrest, African Americans are assessed money bond at a higher rate for marijuana possession, and are assessed higher bond amounts than other races. African Americans are more likely to be convicted of marijuana possession once charged and are more likely to serve a jail sentence.1

The District Attorney must take action to end that disparity. To that end, I have declined prosecution on misdemeanor possession of marijuana cases for first-time offenders whose offenses do not occur in a drug-free zone, involve the use or exhibition of a deadly weapon, or involve evidence of delivery. After the first offense, people will be offered a program that, if successfully completed, will keep their record clear. I am also in the process of dismissing all pending misdemeanor marijuana cases filed before I took office, according to the new policy stated above. To date, I have dismissed over a thousand misdemeanor marijuana cases.

They will likewise decline prosecution on "State Jail Felony and 3rd Degree Felony Possession of Tetrahydrocannabinol (THC)" in first-offender cases matching the above listed criteria.

Also on the no-prosecution docket are some petty theft cases of less than $750, except in cases where the object was financial gain.

Theft of Necessary Items Study after study shows that when we arrest, jail, and convict people for non-violent crimes committed out of necessity, we only prevent that person from gaining the stability necessary to lead a law-abiding life. Criminalizing poverty is counter-productive for our community's health and safety. For that reason, this office will not prosecute theft of personal items less than $750 unless the evidence shows that the alleged theft was for economic gain.

Other items include not prosecuting criminal trespass or driving with a suspended license, and no jail time for "technical" violations of probation.

His new regime has a lot fans on the Dallas Morning News editorial page, but many fewer in office. Not to mention law enforcement officers. The Combined Law Enforcement Associations of Texas union has issued a formal statement demanding Creuzot's resignation or removal. (included in full below.)

In it, the union calls Creuzot's plan "unacceptable," and say he "should be removed" as the DA. "When he was campaigning for the office we don't remember not prosecuting crime as part of his platform," it reads.

In addition to the letter from the union, six Dallas County police agencies held a joint press conference condemning the DA's policy. The current and former officers said the policy will harm small businesses suffering from small dollar theft, will put families in danger, and will encourage an escalation of crime in the county.

In that persser, Irving police officer and vice-president of the Texas Municipal Police Association Travis Hammond said that Creuzot is "singlehandedly creating his own version of social engineering."

Also at the joint press conference, Richardson Police Association Past President Jimmy Holley said Creuzot " should not be in the position of creating his own Penal Code that he is going to enforce."

Dallas Mayor Mike Rawlings called the policy "problematic, and said that he told Creuzot he "probably should've taken this on a case-by-case basis rather than issue some broad policy that really impacts only a very small number of people." Amid the growing pushback on the plan, Rawlings assured his constiuents that police will continue to enforce the law regardless of the DA's preferences.

City of Dallas police officer and president of the Greater Dallas chapter of the National Latino Law Enforcement Organization Sgt. George Aranda says the policy "has opened up many windows to allow the common criminal to feast on the business retail community."

Gov. Greg Abbott, too, has joined in the condemnation, telling Dallas NBC affiliate KXAS that the plan is "reckless and irresponsible."

"That is legalizing stealing for property less than $750. What kind of message does that send for one, but for another, listen if your district attorney wants to change the law he is in the wrong job. He needs to run for the legislature and come here to try and change the law," said the governor. "His job, his oath, is to enforce the law that exists and he should prosecute anybody for stealing anything."

In response to Abbot, Creuzot told WXAS that "it doesn't make sense to clog up our jails with people who are not a danger to society. We need to focus on criminals who are a threat to our communities and individuals who commit thefts for economic gain."

Not prosecuting crime may seem an odd plan for a District Attorney, but it is not without its fans. From a Dallas Morning News op-ed:

At last, Texas has an elected official with a comprehensive plan to bring more sensible, humane practices to our justice system. It is no secret that the determinative factor of a person's outcome in the criminal justice system is often the money in his or her pocket. Coupled with the fact that communities of color, which studies show bear the highest burden of poverty, are disproportionately targeted by law enforcement, our justice system has become rife with inequities, from arrest to sentencing to supervision.

You can watch the press conference with police representatives condemning the plan, and Creuzot's own announcement outlining his polices, below. Further down, find the CLEAT demand for Creuzot's removal.

Watch District Attorney John Creuzot discussing his new policy to combat mass incarceration. 

Dallas DA reveals plan for 'ending mass incarceration' for petty crimes, slashing probation and bailyoutu.be

The Combined Law Enforcement Associations of Texas demand for Dallas County District Attorney John Creuzot to be removed:

For Immediate Release

April, 17, 2019
Contact:
George Aranda, President, Dallas NLLEO-CLEAT;
Todd Harrison, President, Combined Law Enforcement Associations of Texas, CLEAT

DALLAS -The Combined Law Enforcement Associations of Texas, CLEAT is calling for the removal of Dallas County District Attorney John Creuzot from his newly elected position after he announced he will not prosecute certain crimes.

"While he has announced the retrial of a police officer because he didn't like the result of a jury trial verdict DA John Creuzot has declared he will not follow the law and prosecute certain crimes," said Sgt Todd Harrison, President of the Combined Law Enforcement Associations of Texas, or CLEAT, "That's unacceptable and he should be removed from office."

"When he was campaigning for the office we don't remember not prosecuting crime as part of his platform," said Harrison.

"I don't think he understands that Dallas Police Officers are sworn to uphold the law. Officers are lawfully bound to answer the calls of citizens and business owners who have suffered a loss. The officers have no choice. Under this scenario we'd have officers risking their lives, enforcing the law, making arrests and protecting Dallas families and businesses only to have a giant double standard applied to their actions," said Harrison, an Austin Police Sergeant and 31 year law enforcement veteran.

"Will the Dallas Chief of Police issue a directive that her officers will no longer answer the calls of citizens who are reporting a theft of under $750? Will the officers no longer be responsible for writing these reports? Can a Dallas Police Officer be investigated because of an Internal Affairs complaint for refusal to take a statement of a theft of a certain dollar amount? Will the Chief refuse to discipline or terminate an officer who doesn't make the arrest on one of these cases?"

"It is with great disappointment that DA Creuzot has opened up many windows to allow the common criminal to feast on the business retail community not to mention your everyday stakeholder who will become victims of property theft. LEOs in Dallas County have taken an oath to uphold the law which includes to protect the property of those said citizens. This decision removes a basic crime fighting tool and handcuffs your everyday patrol officer," said Sgt. George Aranda, President of the local union Dallas NLLEO-CLEAT, a 27 year veteran of the Dallas Police Department.

Keep reading The Blaze for continuing coverage.

Can You Trust Your Government With Your Vital Information?

One of the most intimidating experience of my life was years ago when I was "asked" to come down to the local IRS office to explain some of my office expenses.  The results were OK (I had received bad advice from an accountant) and the examiner was civil but I still remember the sweaty palms and sleepless nights preceding the exam.  It makes a colonoscopy seem pleasant!

However, one can only imagine how it would feel to think that you were going to get a refund and find out that the return had been stolen.  This is occurring to taxpayers more and more each year and the increase is not single digits.  From 2008 to 2010 the increase was nearly 500%, that is five times more than two years prior.  This is not some petty criminal activity but I have to assume that there has to be an organized crime attack on the IRS. What is happening? One can only guess as the IRS prosecuted very few of these criminals so it seems that the pain and discomfort it causes the taxpayer is inconsequential.  This is your friendly, warm and feeling government at work. Wrong!

The crime against the taxpayer is compounded when the real victim has to prove who they are and that the IRS really owes them the refund. I can imagine the poor slob sitting at  the metal desk in the windowless room  with the bare bulb suspended above him being questioned by the IRS agents. Both agents ( a man and a woman) assuming that the taxpayer must have done something wrong to lose his refund. It is obvious to them that he must be wrong as the IRS would never do anything wrong.  Hey, that could be a movie!

Unfortunately more and more people are being subjected to this problem and I doubt that the trend line will decrease for two reasons.  The first is that the IRS has the money (that's why Willie Sutton robbed banks) and secondly, they don't prosecute those who they catch.  So how long will it be before the government takes action?  I hope soon for if this trend continues no refund will be safe.

So, if the government cannot keep your refund out of unscrupulous hands, how are they going to keep your medical records out of the same enterprising criminals? How would you like to find out that someone had stolen your medical information and had had an operation to, say, remove an organ. You go in sometime afterward with the same complaint and they refuse you because, that operation had already been done.   How would you prove it?  And how many layers of bureaucracy would you have to go through. And how agreeable and helpful would those government workers be?  Probably as helpful as your local IRS agent is.

We are in trouble. The government cannot keep refunds out of bad guys hands and we want to let the government control 15% of the economy with Obama Care. We must be nuts.

The article that follows contains more information on this major issue that has not been seen anywhere but here and in an AP posting.

AP NewsBreak: Taxpayer identity theft is soaring

AP NewsBreak: IRS grappling with soaring taxpayer identity theft; sharply up from 2008 to 2010

Larry Margasak, Associated Press, On Wednesday June 1, 2011, 4:02 pm EDT

 

WASHINGTON (AP) -- Imagine filing your tax return and learning that someone else got your refund. With your name and Social Security number, no less.

The IRS is grappling with a nearly five-fold increase in taxpayer identity theft between 2008 and 2010, a Government Accountability Office official plans to tell a House hearing Thursday. There were 248,357 incidents in 2010, compared to 51,702 in 2008.

The GAO findings, obtained by The Associated Press, don't begin to describe the pain for a first-time victim, who must wait for a refund while the IRS sorts out which return is real and which is a fraud.

Many identity thieves don't get prosecuted, according James White, director of strategic issues for the GAO..

"IRS officials told us that IRS pursues criminal investigations of suspected identity thieves in only a small number of cases," White says in testimony prepared for a House Oversight and Government Reform subcommittee.

He said that in the 2010 fiscal year, the IRS criminal investigations division initiated just over 4,700 investigations of all types -- far less than the identity theft cases alone.

"We want to know why this problem is apparently getting much worse," said Rep. Todd Platts, R-Pa., chairman of the subcommittee. "By bringing these issues to the public as quickly as possible, the committee hopes to give citizens the necessary information so they can protect themselves from such identity theft."

IRS Commissioner Douglas Shulman, in his prepared statement, defended the criminal investigation record. He said his criminal division concentrates on schemes of national scope and added that 95 percent of those prosecuted for refund-related identity theft go to prison.

Tax identity thieves typically submit returns for refunds early in the filing season. The legitimate taxpayer usually files later, and only then learns from the IRS that two returns were filed using the same Social Security number.

Some thieves steal a name and Social Security number to obtain a job. The employer will report the thief's wage information to the IRS, as would the legitimate taxpayer's employer. The victim then would receive an unwelcome IRS notice that he or she failed to report everything that was earned. The victim would then need to work with the tax agency to sort things out.

Shulman said the IRS can significantly increase its protection after someone has been victimized the first time.

One victim, LaVonda

She had to make rounds of calls to the IRS and other government agencies, sometimes repeating the same information. She spoke on the phone with an IRS employee she described as "the most rude and discourteous person I have ever spoken with in my life."

She was told her refund would take 16 weeks to six months.

She closed her bank accounts and opened new ones. She ordered new checks. She placed a 90-day alert on her credit reports. She often has to show her IRS identity theft affidavit.

"You may not be able to know how stressful this has been," she said in her statement. "I can't sleep. I wonder what the person will do next as far as trying to get credit cards or anything in my name."

Tax form 14039, the IRS Identity Theft Affidavit, allows the agency to mark an account to identify future questionable activity. A task force of the IRS and other agencies established a website, STOPFRAUD.gov, which tells taxpayers what to do if they suspect identity fraud.

The main IRS website includes "Ten Things the IRS Wants You to Know About Identity Theft."

If the IRS receives multiple tax returns for the same individuals, the taxpayer usually must substantiate identity with a federal or state-issued identification such as a driver's license or passport -- together with a copy of a police report or the IRS affidavit.

This past January, the IRS developed a pilot program designed to lessen delays for victims who deserve a refund.

Victims are issued an "identity protection personal identification number," which the IRS will use to process future returns. A new PIN will be issued each year the taxpayer's account has been marked for potential fraud.