The Paralegal in Criminal Law
My intent in earning a legal assistant's certificate was to learn more about the law. Being a middle-aged woman in a different profession, I had serious concerns about this vocational change and the acceptance of my age in the job market. After completing the legal assistant program at SMU, I moved to San Antonio. My focus was in civil law; however, the job market was not there for me so I accepted a job with the Bexar County District Attorney's office. Criminal law, which I had avoided like the plague, was now my job.
After working on the DWI Task Force for a short time, I took a position as the DA Assisted Juvenile Diversion Coordinator. As coordinator, I was responsible for a myriad of duties. I worked directly with first time juvenile misdemeanor offenders. I scheduled meetings with the juvenile offender and the parent or parents, explaining the DA's position as to prosecution of the offense and the appropriate punishment for that offense. In most cases, punishment involved signing an agreement under which the child was asked to take responsibility for the crime, assignment of community service hours, counseling in appropriate cases, education, supervision by a juvenile probation officer, restitution if appropriate, and the requirement that the juvenile be free of criminal activity for six months. Ideally, through an educational program during the agreement period, the juvenile does not re-offend. Much of my job was educational, since most parents and their children have no knowledge of the workings of the Texas juvenile justice system and the consequences that can ensue. In return for the agreement and appropriate behavior during the probationary period, the DA would not pursue the charge in court. If the juvenile re-offended, both charges would be put in the form of a petition to the court, and the juvenile prosecuted.
Much of my time was spent meeting with the juveniles and their parents. Coordination with the juvenile probation department was also important in order to make sure the paperwork between the two agencies and other agencies that might be involved moved smoothly. It was important not to step on the toes of the juvenile officers involved in the diversion process.
It became obvious that a more creative approach to juvenile justice was required, and that it was necessary to make an immediate response to those juveniles who did not comply. I hope that because I was involved in that program, some child will think before acting out.
More recently, I have become a victim advocate in the felony section. As a victim advocate, I am responsible for contacting victims, notifying them of trial dates, resets, sentencing dockets, and any other information that may be important to victims of violent crimes. In addition, as advocates we are responsible for putting together the cases set for each weekly docket, sentencing dockets, and motions to revoke probation.
Although I am more directly involved with court activity in this position, my job is still quite a non-traditional paralegal role. The main focus of victim advocates is the victim, obviously. It is important that we be able to respond to victim's questions about court procedures, the District Attorney's procedures, police procedures, and the possible setbacks that are faced during lengthy delays before trial. Another important part of our job is accompanying victims to court proceedings and pre-trial meetings with prosecutors, in order to make the victim or family member feel less threatened by the process.
With five prosecutors in my court, there are times when I need to be five people myself. We may have a murder trial going on in our assigned court and then have an aggravated sexual assault case sent to one of the overflow courts. I am responsible for contacting witnesses, police officers, and victims to make sure they are in court when needed. This can be quite a juggling act when there may be as many as ten to thirty witnesses and officers in a single case.
Victims of violent crimes now have specific rights that are set out in the criminal justice system. They are entitled to protection from harm, and they may request that the magistrate responsible for setting bond for a defendant consider their safety. In addition, if they request it, victims are entitled to be informed by police and the district attorney of all relevant court proceedings and to receive an explanation of the general procedures in the system, including guilty plea negotiations, restitution, and the appeals and parole process. Where pleas have been accepted, victims may request the opportunity to present information to the probation department when a presentencing investigation is being conducted. Victims are also entitled to a separate and secure waiting area at court, particularly when the case involves gang murders and sexual assaults.
In Bexar County, victims are also asked to complete a Victim Impact Statement which outlines their economic loss, personal loss, and which provides a written format for victims or family members to explain the impact the crime has had and will continue to have on their lives. This Statement is attached to the court file and the defendant's permanent file at sentencing. Included is a request that the victim or the family be notified each time the Pardons and Parole Board reviews the prisoner for possible parole action. It goes without saying that it is my job as a victim advocate to see that each victim or family member is notified of his/her rights and to assist them in performing the necessary steps to ensure their rights are protected.
For a paralegal who wanted nothing to do with criminal law, I seem to have become totally immersed in it. Additionally, I have worked in an assortment of non-traditional roles within that area of the law. There is never a dull moment and my present position has allowed me to fine tune my people skills. As long as I continue to learn, this will be my niche.
TEXAS PARALEGAL JOURNAL
Fall 1996
©1996 Legal Assistants Division, State Bar of Texas