Barry County Prosecuting Attorney Questionnaire: Andrew Cole

1. How do you determine what charges should be filed in a case?

Charging decisions must be based on the evidence and the law, not personal relationships or politics. In determining what offenses to charge, I look at the evidence and whether there is a reasonable likelihood of proving those charges beyond a reasonable doubt. Input from the victim, the extent of the harm, the defendant’s conduct and criminal history all play a role in making charging decisions. Every case is different and the ultimate question is not simply what can be charged, but what charges fairly reflect the conduct and allow justice to be pursued.

2. What factors determine plea bargain decisions?

When determining whether to offer a plea bargain, public safety is the first consideration. Victim input is also weighed heavily when making an offer as they are the ones who have been harmed by the offense. I also consider the seriousness of the offense, the strength of the evidence, the defendant’s criminal history and the likelihood of reoffending. A plea agreement should not be offered merely to clear a case from the docket. It must provide accountability and serve the interests of justice. Depending upon the case, justice may require incarceration, restitution, treatment, supervision or a combination of these. Serious and repeat offenders should receive serious consequences, while appropriate first-time offenders may benefit from structured opportunities for rehabilitation.

3. What steps would you take to reduce the amount of drug crime in Barry County?

It is important to make the distinction between the drug dealers who bring poison into our community and people whose addiction is causing them to commit crimes. As Prosecuting Attorney, I will also work closely with law enforcement to build strong cases, properly use confidential informants and improve communication between the different agencies investigating drug crimes. I will hold the dealers and drug users accountable. Drug dealers, especially those selling methamphetamine, fentanyl and other dangerous drugs, will be prosecuted aggressively. Addicts who want help should be given the ability to participate in drug court, treatment, diversion and other available resources to help them address their addiction, with the understanding that treatment does not replace accountability.

4. What steps would you take to reduce burglaries and thefts in Barry County?

A fundamental belief in our society is that a person’s home is their castle, and they should feel safe inside. Burglaries contradict that belief and make us all feel less safe. Burglaries and thefts are often connected to drug abuse and addressing the underlying addiction can prevent additional victims. As Prosecuting Attorney, I will respond meaningfully to a person’s first property offense rather than allowing repeated offenses to accumulate without serious intervention. I will work to recognize and eliminate the underlying factors which lead to burglaries and thefts. Where appropriate, these cases should include restitution paid to the victim, supervision, treatment court, or incarceration. I will work with law enforcement to identify patterns, repeat offenders and locations experiencing repeated thefts. Strong investigations and consistent prosecution will make it clear that stealing from the people of Barry County will not be treated as a minor inconvenience.

5. What role should treatment and recovery programs play in crime reduction?

As previously mentioned, I belief drug addiction is one of the main contributing factors leading to crime. I am an advocate for treatment and recovery programs, but I acknowledge they are not appropriate for every offender. Treatment should be a tool for preventing repeat offenses and not a substitute for prosecution or punishment. These programs should be used where they are likely to reduce future criminal behavior and protect the public. Participation should include clear expectations, regular monitoring and consequences for noncompliance. For those individuals who genuinely want to change and will respond to treatment, structure and accountability can help them achieve that goal. Individuals who are unwilling to participate or have continued to commit serious crimes despite repeated opportunities should face the consequences of their actions. As Prosecuting Attorney, I intend to expand the use of treatment court and recovery programs and utilize these resources sooner rather than later.

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