The
Criminal Justice System
As a victim or witness to a crime, your help is
vital to our system of criminal justice. Without such cooperation, our
system cannot function efficiently and guarantee a fair trial based on
the full presentation of all the facts.
The process of justice takes time, so your patience
and commitment are also essential. The following information will explain
what happens in bringing a case to trial so that you may better understand
the proceedings and inconveniences that may occur in the case involving
you.
Remember, it's very important to keep the District
Attorney's Office informed of your current address and phone number
so you can be contacted about a pending case. If you move or are temporarily
available at a new location or phone, please notify the District Attorney’s
Office immediately.
Subpoena
A subpoena is a court order directing you to be
present at the time and place stated. You may receive your subpoena
in person or by mail. After receipt of the subpoena, contact the District
Attorney's Office.
Court hearings do not always take place at the
precise time scheduled. Calendar conflicts, the unavailability of an
essential witness, or a legal motion may cause your case to be delayed
or "continued." Whenever possible, arrangements will be made
to place you "on-call" or "telephone standby." This
means that you may continue your normal daily business, but you must
be able to come to court immediately when called by the District Attorney's
Office.
Your subpoena will indicate the type of hearing
at which you will be appearing. Please bring your subpoena with you
to court.
Preliminary Hearing
In felony cases, your first appearance may be
for the preliminary examination. 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 in
Superior Court. Normally, just enough evidence is presented to "hold
the defendant to -answer" in Superior Court. Witnesses are subpoenaed
to testify at these hearings. No jurors will be present, since the judge
alone decides if the defendant should be required to stand trial on
the charges.
Felony Trial
The trial of a felony case will generally
occur 45 days or more after the preliminary hearing. California law
requires that a defendant with a felony be brought to trial within 60
days of the filing of the Information or Indictment in Superior Court,
unless that right is waived by the accused. Thus, in some cases this
time could extend to several months.
Witnesses must also testify at trial, even though
they were thoroughly questioned at the preliminary hearing. In some
cases, a trial will not be held because the defendant pleads guilty.
When this happens, you will be notified that your testimony will not
be required, and you will be released from your obligation under the
subpoena to come to court.
Misdemeanor Trial
In misdemeanor cases, there is no preliminary
hearing. Your first appearance at court will be the actual trial. Therefore,
your testimony will be required only once.
Your Testimony
In your appearance as a witness, you will be called
by a Deputy District Attorney to testify regarding what you saw, heard
or did which may be relevant to the charges against the defendant. After
the District Attorney has asked questions, the defense attorney has
the right to test your memory of the facts, or "cross-examine"
you.
You may be 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.
Defense Attorney
Witnesses are sometimes requested by the defense
attorneys to give interviews so that the defendant and his attorney
know what the evidence in the case will be. If you receive such a request
you may discuss it with the Deputy District Attorney responsible for
your case. There are no laws or rules prohibiting you from telling the
defendant's attorney your testimony before you take the stand. This
is your decision and you should not feel pressured to speak or not to
speak to anyone about the case. If you choose to speak to the defense
attorney, you may wish to have an additional person present or a tape
recording made to avoid later misunderstandings and misquotations.
Verdict
You may wait to see the verdict in your case after
all testimony is completed, or you will be notified of the outcome of
all felony cases by letter. To find out the result of a misdemeanor
case, please call the District Attorney's Office.
After the Trial
The defendant will be found either guilty
or not guilty of the crime. If the jury cannot reach a verdict, 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, usually 28 days after the
verdict.
The Judge may impose one or more of the following
sentences:
- State Prison
- County Jail
- Probation
- Fine Restitution
