The following information is intended to provide a brief overview of the criminal justice system, including the participants and the process. This information is not intended to answer all questions, but to familiarize you with the criminal justice system. The District Attorney's Office hopes you find the information helpful.

CRIMINAL JUSTICE SYSTEM PARTICIPANTS

The criminal justice system involves several distinct participants. Each is an integral part of the system. Below, each participant is identified and their role in the criminal justice system described:

VICTIM

The victim is the individual who has suffered injury, loss of life, loss of property or other indignity. The victim is usually an individual, but can be a business or other entity. Historically, the criminal justice system has primarily focused on preserving the rights of the defendant and not the victim. However, in recent years those involved in the criminal justice system have fought to increase awareness of victim's concerns and have developed a number of rights for victims. Victims now have others to help them overcome the pain, distress, indignity, and inconvenience of being a victim. Several agencies exist to serve victims in our community and act as a voice for victims in the criminal justice system. For any questions regarding this information or should you need assistance, please refer to the page titled Contacting Us page of this Web Site or review the information in the page titled Victim Witness Assistance Program.

LAW ENFORCEMENT

The various law enforcement agencies in Shasta County respond to the report of a crime and investigate the crime. Law enforcement agencies are responsible for identifying witnesses, gathering information, and collecting evidence. Once the investigation is complete, the law enforcement agency refers the case to the Office of the District Attorney if a criminal complaint is sought against the offender. The law enforcement agencies in Shasta County include the Redding Police Department, the Anderson Police Department, the Shasta County Sheriff's office, the California Highway Patrol, the Department of Fish and Game, and others.

DISTRICT ATTORNEY

The District Attorney has the primary responsibility for prosecuting those who commit crimes in Shasta County. The District Attorney and his staff review police reports submitted by law enforcement agencies to determine whether or not criminal charges should be filed against a citizen. If criminal charges are filed, the District Attorney is responsible for prosecuting the case in court to its conclusion. The District Attorney is charged with the responsibility of enforcing the laws to the ultimate end of seeing that justice is done.

JUDGE

The judge is the person who presides over the cases and makes the ultimate decisions regarding legal matters. The judge is required to be a neutral or impartial party in the court proceeding. The judge is responsible for imposing a sentence on a defendant after a conviction.

DEFENSE ATTORNEY

The defense attorney represents the defendant who is charged with the crime. The defense attorney's responsibility is to zealously represent the defendant. Sometimes the defense attorney is appointed for the defendant by the County free of charge (Public Defender), and sometimes the defendant hires his or her own attorney.
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THE COURT PROCESS

FILING OF CHARGES

The criminal process starts with the filing of a criminal complaint which is the document that lists the charges against the defendant. The District Attorney has the sole responsibility for deciding what charges if any should be filed. Charges can be in the grade of an infraction, misdemeanor, or felony. Infractions are punishable by a monetary fine, misdemeanors by county jail and/or a fine, and a felony by state prison or county jail and/or a fine. A defendant may be brought to court by several methods: 1) a warrant for the arrest of the defendant may be issued by the court; 2) a letter may be sent to the defendant asking him/her to surrender to the jail; 3) the defendant may already be in custody and will be brought to court by the jail; 4) or other arrangements may be made to have the defendant voluntarily appear in court. The seriousness of the crime, the likelihood of the defendant fleeing, and the danger to the public are all considerations in determining which method is used.

ARRAIGNMENT

The first court appearance is called an arraignment. At the arraignment, the defendant is informed of the charges, appointed a defense attorney, if he or she cannot afford one, and is asked for a plea. It is extremely common for a defendant to plead "not guilty" at this stage. The judge next decides whether a defendant should be required to post bail or be released on his/her own recognizance ("OR"). The same issues of danger to the public, likelihood of flight and seriousness of the crime are all considered. The more serious the case the higher the bail. The judge can also order conditions on any release such as a "stay away" order, drug testing, etc. Finally, the next court dates will be set. What dates and when they occur are dependent upon whether the case is charged as a felony or a misdemeanor.

For misdemeanor cases three dates will generally be set at the arraignment; a settlement conference, a trial readiness conference, and a jury trial. For felony cases there are two possible arraignments.

Two dates are set at the initial arraignment: a preliminary hearing settlement conference, and a preliminary hearing.

SETTLEMENT CONFERENCES/TRIAL READINESS

The pre-preliminary hearing settlement conference and the settlement conference are primarily for the prosecutor, defense attorney, and the judge to discuss the case and determine whether any settlement is possible. Sometimes this occurs in the judge's chambers. This is when a deputy district attorney will make a settlement proposal. Victims who would like to have input at any of these conferences should call our office or send a letter before the date of the conference. If the case is not resolved following these settlement conferences, the matter is confirmed for trial or preliminary hearing on the dates previously set.

The trial readiness conference is generally the Friday before the trial date. At the trial readiness conference, the parties again attempt to settle the case and represent to the judge whether each side is in fact ready to start trial on the scheduled start date. If the case does not settle or is not continued, the case will be assigned to a trial judge and courtroom. Unfortunately, it is common for cases to be continued or postponed.

PRELIMINARY HEARING

Following the initial arraignment on a felony criminal complaint, a defendant has the right to a preliminary examination or hearing. This is not a trial, but a hearing at which a judge listens to the evidence of the crime and determines whether it is sufficient to require the defendant to stand trial. The preliminary hearing is not a trial and the defendant is not found "guilty or not guilty". Normally, just enough evidence is presented to convince the judge to "hold" the defendant for a trial. Thus, the judge issues a "holding order" if sufficient evidence is produced. Witnesses are subpoenaed to testify at these hearings and the defendant is present throughout the proceeding. Following a successful preliminary hearing, the District Attorney may file an Information. The Information, like a Complaint, is a document which lists the charges against the defendant that were proved at the preliminary hearing. The defendant is then arraigned a second time, but this time on the Information in the Superior Court.

GRAND JURY INDICTMENT

The Grand Jury process is an alternative in felony cases to issuing a complaint and conducting a preliminary hearing. The Grand Jury process is not frequently used. The Grand Jury is a body comprised of citizens of the community empowered to investigate allegations of a felony. If the Grand Jury finds sufficient evidence to support criminal charges against a defendant, the Grand Jury issues an Indictment which is a document like the Information in a felony case that lists the charges against a defendant. The defendant is arraigned on the Indictment in the Superior Court.

JURY TRIAL

All defendants charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt. The District Attorney has the burden of proving guilt beyond a reasonable doubt. In California, anytime a defendant faces a possible jail or prison sentence, he or she has the right to a jury trial where 12 jurors chosen from the community decide the guilt or innocence of the defendant. The time when the trial is to take place depends on whether the charges are misdemeanor or felony charges. Cases involving both felony and misdemeanor offenses in the same charging document are controlled by the felony trial schedule.

Time Frames For Trials

Under California law, a defendant charged with a felony charge must be brought to trial within 60 days of the filing of the Information or Indictment unless that right is waived by the defendant. Generally, the defendant does agree to "waive time" or agree to setting the trial beyond the 60 day period.

Under California law, a defendant charged with a misdemeanor must be brought to trial within 30 days if the defendant is in custody or 45 days if the defendant is not in custody unless that right is waived by the defendant. Witnesses must testify at trial. Even in felony cases in which the witness may have testified and been thoroughly questioned at the preliminary hearing, a witness may be called to testify again. In most cases, a trial is not held because the defendant pleads guilty.

Motions

Motions are formal requests by either the prosecution or the defense for a judge to hear and decide a disputed issue. Motions can be made at anytime during the pendency of the case. However, many significant motions are brought before a case goes to trial. Motions are often used to define what evidence will ultimately be presented to a jury.

Discovery

The pre-trial procedure by which evidence and information is provided to the defense by the prosecution is called "discovery". This information includes police reports, witness statements, information potentially impacting the credibility of witnesses, and any other information that might tend to show the defendant's guilt or innocence. The scope of discovery is quite broad. The defense attorney is also required to provide discovery to the District Attorney before trial.

Subpoenas

A subpoena is a document which represents a court order directing a witness to be present for court at the time and place stated. Subpoenas may be received from the District Attorney, the defense attorney or both. The subpoena may be served in person or by mail. Court hearings do not always take place on the precise day or time scheduled. Court calendar conflicts, the unavailability of essential witnesses, or a legal motion may cause a case to be delayed or "continued." Whenever possible, arrangements are made to place witnesses "on call" or "telephone standby". This means that the witness may leave the courthouse, but must be able to come to court immediately when called.

Verdict

The "verdict" is the decision of the jury or judge regarding the guilt of the defendant. The reading of the verdict is done in open court and anyone from the public may attend. The defendant will be found either "guilty" or "not guilty" of the crime. If the defendant is found "not guilty" of all charges, the defendant will be set free. If the jury cannot reach a verdict (called a "hung jury"), a mistrial will be declared and there may be a new trial. If the accused is found guilty, a date will be set for sentencing.

Sentencing

On the sentencing date, the judge will consider a variety of information to formulate an appropriate punishment for the defendant. This information includes a probation department recommendation, if one is prepared, the circumstances of the crime, the defendant's background, the victim's statement and any argument or other evidence presented by the attorneys. A victim who wishes to have input should send a letter to the probation department or the District Attorney's Office as soon a possible after the verdict, stating the victim's views on the case, any opinion regarding the appropriate sentence, and the monetary amount of any loss suffered (with receipts if available). A victim should NOT wait to be contacted by the probation department or the court. At the sentencing hearing, the victim has an absolute right to speak to the judge about the appropriate punishment.

A judge may sentence a defendant convicted of a misdemeanor to time in the county jail and place him or her on probation for up to 3 years in most cases. On felony charges, the judge may sentence the defendant to a term in State Prison or place the defendant on a grant of probation for up to 5 years and time in the local county jail. The judge can order the convicted individual to pay restitution to the victim of the crime for damages. The convicted individual may also be ordered by the judge to fully disclose his or her financial assets and ability to pay off court ordered restitution and fines.

Probation

Probation is a court imposed sentence that places conditions on a convicted individual and releases that person into the community instead of sending them to jail or instead of sending them to jail for the entire length of their sentence. If a defendant is placed on probation for either a misdemeanor or felony, certain conditions and restrictions will be placed on him or her. These may include fines, payment of restitution, a stay away order, drug or alcohol testing, and search and seizure clauses. The defendant may also be supervised by a probation officer.

Parole

If the sentence includes being sent to state prison, the individual may be released from Prison before serving his/her full sentence by being granted parole. The parolee is subject to terms and conditions which, if they violate, can result in their being returned to prison.

Violations of Probation or Parole

Violation of Probation - If a defendant, who is placed on probation, violates any term or condition of probation, he or she can be arrested and punished by additional county jail time. Before punishment can be imposed upon probationer, however, the defendant has the right to a hearing to determine if the violation actually occurred. The burden of proof is much lower than a trial and the matter is tried before a judge instead of a jury.

Violation of Parole - If someone is charged with violating a condition of parole, the parole agent can initiate the process to have the parole revoked. A warrant for the arrest of the parolee will be issued and the California Department of Correction's Parole Agent will complete the administrative steps necessary to have the parolee returned to prison for the violation.
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TESTIFYING AS A WITNESS

Being a victim or witness to a crime is seldom a pleasant experience. However, much of the frustration associated with being a witness is not understanding what to expect. The process of justice takes time. Patience and commitment are essential.

Witnesses are called to testify about what they saw, heard, or did which may be relevant to the charges against the defendant. The party calling a witness to the witness stand asks questions of the witness first. Next, the opposing attorney has the right to "cross-examine" the witness. Witnesses are often excluded from the court room when other witnesses are testifying. This is to ensure that the testimony or memory of one witness does not influence the testimony of another.

The following are some pointers to aid in being a good witness:

• Above all, be truthful. Don't exaggerate or shade your testimony. Tell the facts, simply and concisely.
• Be attentive. Listen carefully to the questions. If you do not understand a question, ask that it be repeated or explained.
• Answer only the question asked. Do not try to say everything at once or volunteer information that is not requested.
• Explain the answer, if necessary. If a question cannot be answered truthfully and fully with a "yes" or "no" answer, it is acceptable to answer the question completely so that the jury is not misled by a simple "yes" or "no."
• Do not guess. Give definite answers whenever possible. If the answer to a question is not known, do not be afraid to say so. Do not stop to figure out whether the answer will help or hurt either the prosecution or the defense.
• Be prepared. Do not try to memorize what will be said; try to recall relevant facts.
• If asked, "Have you talked to anyone about the case" - do not forget conversations with the District Attorney's Office, defense attorney, staff from Victim/Witness or other community agencies, investigators, or others.
• When an attorney objects to a question, do not answer the question until the judge rules on the objection and requires an answer to the question. If the judge agrees with the ground for an objection, the objection will be "sustained". When the judge does not believe the objection has merit, the objection will be "overruled." If confused, ask the judge for direction.
• Remain calm and courteous. Do not become angry, as it may diminish the impact of the testimony.
• Speak clearly and loudly. Respond to the person asking the questions, but make sure you speak clearly enough to be heard by the jury. Give all answers verbally and not by gestures or head movements.
• Dress neatly and always show respect for the court. For example wearing hats or chewing gum is generally not acceptable in court.
• Be yourself. The judge, jurors, and attorneys are human also and appreciate sincerity.

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QUESTIONS FREQUENTLY ASKED BY VICTIMS

Do I have to talk to a defense investigator or attorney?

No. A witness or victim has the right to talk to or refuse to talk to anyone they choose until and unless they are subpoenaed to court where a judge orders the witness to do so. Further, the law now states that a private investigator must clearly identify themselves as a defense investigator. The best way to know to whom you are speaking is to insist on a business card or some other form of identification.

Will I have to testify at the preliminary hearing?

Not necessarily. Under certain circumstances the law allows for certain peace officers to testify about what a witness or victim told them. The deputy district attorney handling the case will make the final decision as to whether or not your testimony will be needed at the preliminary hearing.

Can I recover for medical bills, lost wages, or property damage or loss?

Yes, with some exceptions. Contact the Victim Witness Program for details and see the information contained in the page titled Victim Witness Program of this Web Site.

How long will a misdemeanor or felony prosecution take?

Generally, a misdemeanor case can go from arraignment to sentencing in about 2-3 months. A felony case can take from 3-6 months on average. The more serious the case the longer it may take.

What if I have other plans that conflict with my subpoena and the trial date?

You should immediately contact each party that sent you the subpoena and inform them of the conflict.

Does the deputy district attorney represent the victim?

No. The deputy district attorney represents the People of the State not the individual victim. The deputy district attorney must ensure that justice is done. Usually this means we are seeking the same outcome as the victim, but sometimes it is not.

When can I get my stolen property back?

Usually 60 days after the defendant is sentenced. Sometimes, property can be photographed and returned to the victim prior to that time. You should call the police agency about getting property returned.

Can I attend court proceedings?

Yes. All court proceedings in adult court are public, meaning that anyone can attend unless the court specifically excludes a witness or victim from the courtroom during testimony of other witnesses.

Can I be notified of when the defendant is released from prison and jail?

Yes. The Victim Witness Program staff can help you with the process. Also see the page titled Victim Witness Program of this Web Site.

How much jail time will the defendant serve?

This depends on each case. Misdemeanor cases generally carry up to either 6 months or 1 year in jail. Felonies can carry anywhere from 16 months in prison to life in prison. The exact amount is set forth by statute and determined by the crime charged.

What if I don't want to prosecute anymore?

The ultimate decision of going forward with the case is up to the District Attorney. Although a victim's feelings will be considered, the District Attorney does not represent the victim, but represents society's interests.

Can I simply submit an affidavit, declaration or sworn statement instead of testifying?

No. The U.S. and California Constitutions require that the Defendant be permitted to see the witnesses testify against him or her.

If I testify at the Preliminary Hearing do I also have to testify at a trial?

Yes. The two proceedings are separate.

What do I do if the defendant tries to pressure me to drop the charges?

Anyone who applies pressure to a victim or witness not to testify or proceed on charges may be guilty of a separate offense of dissuading a witness. Such conduct should immediately be reported to law enforcement. The District Attorney's Office has sole discretion to drop the charges.

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