Orange County District Attorney

Anatomy of a Prosecution

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Criminal Prosecution Flow

• Crime Reported

• Police

  • Prepare Reports

  • Investigate

  • Submit Reports to DA

• District Attorney

  • Further Investigation

  • Refuse to Prosecute

  • File Compaint

• Superior Court

  • Felony Complaint

    • Arraingment

    • Preliminary Hearing

      • Held to Answer

      • Discharged

    ----or----
     

  • Misdemeanor Complaint

    • Arraingment

    • Trial

• Felony Information

  • Arraingment

  • Trial

• Sentencing

  • Jail

  • State Prison

  • Probation

Details of A Prosecution

• Crime Committed

• Crime Reported

• Police Investigate
  
  Investigation may include interviewing victim, witnesses, suspects ... collecting physical evidence ... visiting, viewing, photographing, measuring crime scene ... identifying suspects through line-ups ... etc.
   

  • Police Make an Arrest/Request a Warrant
    
    When a crime is committed in a police officer's presence, or he has probable cause to believe that certain misdemeanors or any felony was committed that he did not see happen, an officer may arrest a suspect on the spot without an arrest warrant. The officer will later submit a charging/warrant request to the District Attorney’s Office, suggesting potential charges to be authorized.
     

  • Warrant/Charging Request Reviewed by Prosecutor
    
    Most cases begin with a warrant request. This is generally the first time that a prosecutor is involved in a case, unless he reviewed a search warrant or visited the crime scene. At this stage, the prosecutor determines whether a person should be charged with a crime and, if so, what the crime should be. The prosecutor thoroughly reviews all reports and records concerning the case, including witness statements. The prosecutor also reviews the suspect's prior criminal or traffic record. Occasionally, the reviewing prosecutor sends the case back to the police to conduct additional investigation.
     

  • Warrant Issued
    
    The prosecutor can file a charge if he reasonably believes that probable cause exists that the suspect committed the offense, and he reasonably believes the charge can be proven beyond a reasonable doubt at trial with the information known at that time.
     

  • Suspect Arrested (if not already in custody)
    
    The delay between the crime date and the defendant's arrest on an authorized charge can take any length of time (e.g., if the defendant's whereabouts are unknown, or if he/she has left the State of California).
     

• Arraignment
  
  This is the first court appearance for any misdemeanor or felony. Once arrested and charged with a felony, the suspect appears in Court for arraignment. At arraignment, the defendant is told what crime he/she is charged with, and is advised of his constitutional rights to a jury or court trial, appointed attorney, presumption of innocence, etc. The charging document is called a Complaint. The conditions and amount of bail are determined. In some cases, generally based on the nature of the charge, the Judge imposes conditions on bail, such as "no contact" with the victim. Bail is set in almost every case, but it is up to the defendant's own resources to post the bail money, which allows him to be released. All further pre-trial procedures are determined by whether the defendant is charged with a felony or misdemeanor:
   

  • Misdemeanor
    
    At a misdemeanor arraignment, the defendant will be given a chance to enter a plea to the charge: plead guilty, plead not guilty, or stand mute (i.e., remain silent, which is treated by the court as if the defendant pled not guilty). If he pleads guilty or no contest, the Judge may sentence him on the spot or may reschedule the case for a sentencing date, which will give the probation department time to prepare a pre-sentence report including background information about the defendant and the crime, make a sentencing recommendation, etc. If the defendant stands mute or pleads not guilty, the case will be scheduled for a pre-trial conference.
     

    • Pretrial Proceedings
      
      Many events can occur prior to trial. There are case discussions involving the Judge, prosecutor and defense attorney. The focus is on possibly resolving the case short of trial. Depending on the nature of the case, there may be pre-trial hearings on Constitutional issues (confessions, searches, identification, etc.). The issues are presented to the Court through written "motions" (e.g., Motion to Suppress Evidence, etc.). The judge must determine whether evidence will be admitted or suppressed at the defendant's trial, whether there is some legal reason why the defendant should not be tried, or decide other ground rules for trial.
       

  • Felony
    
    At a felony arraignment, the defendant enters a plea to the charge (guilty , not guilty, stand mute). He is advised of his right to a preliminary examination within 14 days of the arraignment. If the defendant requests a court-appointed attorney, the court will review that request at the time of the arraignment.
     

    • Preliminary Hearing
      
      This is a contested hearing before a Judge, sometimes called a "probable cause hearing". The prosecutor presents witnesses to convince the Judge that there is probable cause to believe that a crime was committed and that the defendant committed the crime. Because the burden of proof is much less than at a trial, the prosecutor generally does not call all potential witnesses to testify at the "prelim"; generally, the victim and some eye witnesses plus some of the police witnesses may testify. The defendant has an attorney, can cross examine the witnesses, and can present his own evidence (including witnesses). If probable cause is established, the defendant is "bound over" for trial. If the Judge decides that there is not probable cause that the defendant committed the crime, the charge can be dismissed or reduced to a misdemeanor for trial in Court. A defendant can decide not to have a Preliminary Examination.
       

    • Arraignment
      
      After the case is "bound over" for a felony trial, the defendant is again arraigned (given formal notice of the charges against him or her). The charging document is called an Information. He or she is again advised of his/her constitutional rights, and enters a plea to the charge (guilty, not guilty or stand mute).
       

    • Pretrial Proceedings As with misdemeanors, the Judge is called upon to resolve various pre-trial issues, some of which determine whether the case will continue to a trial, be resolved with a plea, or be dismissed.
       

• Trial (Judge or Jury)
  
  A trial is an adversary proceeding in which the prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt. The prosecutor calls all the witnesses necessary to prove the crime. The defendant is not required to prove his or her innocence or to present any evidence, but may challenge the accuracy of the prosecutor's evidence. Both the defendant and the prosecutor (representing the People of the State of California) have the right to a trial by a jury. Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a "court trial". In a jury trial, the jury is the "trier of fact"; in a court trial, the judge is. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime.
   

  • Pre-Sentence Investigation and Report
    
    The probation department prepares a report for the judge summarizing the crime, and the defendant's personal and criminal backgrounds. Generally, the victim is contacted for a recommendation of sentence. The probation officer concludes the report with a recommended sentence.
     

• Sentencing
  
  Sentencing in California varies with the crime and can be the most confusing part of the criminal process. Most often, sentences are at the judge's discretion. At the time of sentencing, the judge will consider the information in the pre-sentence report before determining the sentence. The parties may correct factual errors in the pre-sentence report and offer additional evidence relevant to the judge's sentencing decision. The judge will consult the "sentencing guidelines" in the California Rules of Court (Established as a reference for framing an appropriate sentence throughout the state, considering factors of the crime and the defendant's criminal background) to determine the minimum jail/prison sentence. The judge may consider different alternatives, such as a fine, probation, community service, a sentence to jail or prison, or a combination. The judge must also order the defendant to make restitution to any victims who have suffered financial harm.