Darvin M. v. Jacobs

In holding that probation violation charges may be "presented” to the court by either the Probation Department or the District Attorney, or both, the majority has overlooked the important distinctions between the roles and responsibilities of those two law enforcement agencies. In the process, the majority has redefined the responsibilities of the District Attorney’s office in a manner that relieves it of the duty to represent the People’s interest in the important area of securing appropriate punishment for recidivist probationers. Since the conclusion the majority has reached is neither…