Home | E-mail 

District Attorney Seal

Orange County District Attorney

County of Orange Seal

blank border space
blank border space

Main Office
Phone Number

714-834-3600

Visit our Text Only Page

Search
 



 

 

 

blank border space
Frequently Asked Questions
  • I have questions about a small claims case. Who can help me?

The District Attorney cannot help you. Please contact: Small Claims Court, P.O. Box 22014, Santa Ana, California 92702; or call 714-834-3584.

  • I have a complaint about my attorney. Who do I contact?

The District Attorney cannot help you. Please contact the Orange County Bar Association at 949-440-6700.

  • I feel that a crime has been committed. How do I press charges? Can I report a crime directly to the District Attorney's Office?

In most cases, crimes must be reported to the police department or other law enforcement agency which has jurisdiction over the city or county where the crime occurred. For example, if the crime occurred in Santa Ana, it should be reported to the Santa Ana Police Department. If the crime was committed in any unincorporated area of Orange County, or in an area where the Orange County Sheriff is the contracting law enforcement agency (e.g., San Clemente), the crime should be reported to the Sheriff. There are, however, certain exceptions. Specifically, crimes involving consumer fraud or the unlawful discharge of hazardous materials may be reported to the District Attorney's Consumer and Environmental Protection Division. In addition, complaints involving misconduct by public officials or voting law violations may be reported in writing to the District Attorney's Felony Projects Division. Note, however, that reports of misconduct on the part of law enforcement officers should be reported to the internal affairs section or professional standards section of the law enforcement agency with which the officer is employed.

  • I need child support. Can you help me?

Child Support is no longer a part of the District Attorney's office. To get information and help regarding Child Support matters, you can visit www.css.ocgov.com

  • I am a victim in a criminal case and I want to drop the charges. Can I do that?

The decision to drop charges in any criminal prosecution can only be made by a prosecutor with the approval of a judge. The victim's wishes alone will not dictate whether or not a case will be filed or dismissed. If you would like to discuss your case, you should speak with the prosecutor, in court, on the next scheduled court appearance date.

  • I was the victim of a violent crime. Will the District Attorney pay for my hospital bill and my lost wages? Will the District Attorney help me collect for pain and suffering?

No. However, the Victim Services Program may able to help you with reimbursement of psychological counseling. Please contact the nearest Victim/Witness Program Center under Criminal Division/Crime Victim's Resource guide located on this web site. With regard to hospital bills, lost wages and compensation for pain and suffering, you may need to contact a private attorney. If you do not have a lawyer, you can call the Lawyer Referral Service which is operated by the Orange County Bar Association. The phone number if (949) 440-6700.

  • I was the victim of a crime. Can you tell me the name of the defendant and the defendant's next court date?

The DA's Office can provide you with the name of the adult defendant and the next court date if we have filed charges against the defendant. To obtain this information, call the DA's court branch office located in the judicial district where the crime occurred. Juvenile defendants may not be disclosed. To obtain a listing of locations, please see our Resource Locater link.

  • I think I have been cheated by a [contractor, tradesman, shopkeeper, other person who provides labor or services]. Can the DA's Office help me?

The DA's Consumer Protection Division may be able to help, or they may refer you to an agency that can help you. You should send your complaint in writing to: Orange County District Attorney, Consumer Protection Division, 401 Civic Center Drive, Santa Ana, CA 92701 Phone: (714) 834-3600

  • Does the District Attorney's Office provide copies of police reports?

No. Reports are obtained through the affected law enforcement agency.

  • I want a divorce. [Or, I want to sue someone. Or, I want to adopt a child.] Can the DA's Office help me?

No. The District Attorney's Office cannot provide legal advice or take legal action in such matters. You should consult with your lawyer. If you do not have a lawyer, you can call the Lawyer Referral Service which is operated by the Orange County Bar Association. The phone number is (949) 440-6700.

  • I want a restraining order to keep my [husband/wife, boyfriend/girlfriend, or other person] away from me. Will the DA's Office do this for me?

No, but a private attorney may be able to help you. If you do not have a lawyer, you can call the Lawyer Referral Service which is operated by the Orange County Bar Association. The phone number is (949) 440-6700. Also, the Victim Services Program may be able to assist in obtaining a restraining order. The phone number to call is (714) 973-0134.

  • Where should I go to get legal advice on personal matters?

You should contact a private attorney.

  • I have been subpoenaed by the DA to appear as a witness in a criminal case. Can I get witness fees?

No, except when a witness lives 150 miles or more from the court.

  • I want to find out what prison an inmate is at and when he will be released. Who should I contact?

California Department of Corrections at Prison inmate locator 916-445-6713

  • I want to participate in an inmate's parole hearing. Who should I contact?

BOARD OF PRISON TERMS, 916-327-5933 - Main Number
916-445-4072 - Victim Information 428 J Street, 6th Floor, Sacramento, CA 95814

  • How do I get to Central Court, Harbor Court, North Court, South Court and West Court?

See the Maps and Directions link on the Resources section of this site

  • Can I talk to Mr. Rackauckas? I think he's the person who is working on my case.

Mr. Rackauckas is the elected District Attorney of Orange County and, as such, his name appears on most court documents and office correspondence just above the name of the prosecutor who prepared the document. Therefore, the person who is working on your case is most likely the person who actually signed the court document or DA's Office correspondence.

  • What if I have a question which is not answered in your FAQs?

Call or visit our office. You can locate a list of our locations at our Resources Directory link. However, the Orange County District Attorney's Office is not a "free legal clinic" or a clearinghouse of legal information. We cannot give legal advice on private legal issues.

  • What if I am a witness in a criminal case?

IF YOU HAVE TO TESTIFY ...

Tell the truth! This is the single most important advice any witness should remember. Dress neatly! A neat appearance and proper dress in court give an important first, and lasting, impression. Be prepared! You should know days or weeks ahead of time that you will be testifying in court. Think about the incident and what happened so that you can recall the details accurately when you are asked in court. If you need help remembering these details, write the facts down. If you have already written a statement for the police, ask the prosecutor for a copy; reading it may jog your memory on some details. Think ahead of time about the answers you will give to the questions you expect will be asked. Stick to the facts! The Judge or jury only wants to hear the facts as you know them to be, not what someone else told you.

Relax ... speak clearly! You have nothing to fear when giving true answers. When you are asked questions, give your answer as clearly as possible. Expect to be questioned by several people. One of the basic rules in a criminal case is that both sides have a chance to question every witness. Questions asked by both sides have the same goal --- to find out what is true.

Don't let the defense lawyer upset you. It may seem at times that he is trying to pin you down, but he has the right to test how many of the facts you know and accurately remember.

Don't start to answer a question until the question is finished. If you haven't yet heard the entire question, you don't really know what you're being asked. Don't "jump the gun" by answering what you think the question will be (when it is finished).

Think about your answer before you give it. Your every word counts. Be descriptive. Be accurate. Vague or inconsistent responses give other people a chance to (mis)interpret what you meant your answer to be. Answer all questions to the point. If the question calls for a short answer, give a short answer; if you need to explain, explain. Answer only the question asked. Do not volunteer additional information. Don't guess! If you don't know the answer to a question, say so --- If you don't remember the information that you are asked about, say so.

Answer the questions verbally. Your testimony is being recorded (either tape recorded or written down). No head shakes or head nods, or "uh-huh" / "uh-uh" instead of saying "yes" / "no"! If you don't understand or didn't hear the question, ask that it be explained or repeated.

If either lawyer raises an objection, stop speaking at once! After the Judge has ruled, you will be instructed whether to continue. The District Attorney’s Office will assist you with any questions you may have prior to your court appearance.

  • Why am I a witness? I didn't see the crime occur.

Witnesses are not limited to "eye witnesses". You may have seen the crime happen or may know something about it. You may also know something about a piece of evidence, or may know something that contradicts another witness' testimony. If you wonder "why" you are testifying in a particular case, ask the prosecutor handling it; there is probably a common-sense reason.

  • As a witness do I have to talk in front of the defendant in court?

The defendant must be present in court to hear what all the witnesses say about him. The lawyer for the defendant is called the defense attorney and will ask you questions after the prosecutor does.

  • Who will be with me in court?

You may bring friends or relatives with you to court, and they can probably sit in the courtroom while you testify, unless they are also witnesses. (Witnesses testify one at a time and generally wait outside the courtroom for their turn. This is called "sequestration".) Our Victim/Witness Advocate may also be with you, if you request.

  • How long will I be at court as a witness?

Your court room time, while actually testifying, may not take long; it depends upon many factors. Most of the time you will just be waiting for your turn to testify. You and your family and friends are encouraged to bring a book or magazine to read while you wait.

  • What if I can't attend court as a witness on the date stated in the subpoena?

If you have a date conflict, you should contact the District Attorney Investigator immediately to discuss your conflict. In some cases, the prosecutor handling the case can put you "on call" (so that you can go to work or school on the day you are subpoenaed, and you will be called at a pre-arranged phone number an hour or so before you are needed in court).  


Copyright 2003 - Orange County District Attorney's Office

blank border space

home ] administration ] media relations ] resources ] [ faqs ] employment ]