The criminal justice system is a network of police agencies,
courts, prosecution and correctional institutions acting
toward a common goal: the prevention and control of crime.
After completing its investigation, the law enforcement
agency presents its case to the Ventura County District
Attorney’s Office. The District Attorney’s
Office is responsible for taking legal action against those
persons accused of violating the law.
A victim advocate with the District Attorney’s
Office may contact you following the crime. This person
will establish and maintain continuous contact with you
in order to help you cope with problems ranging from court
appearances to finding medical, psychological and financial
assistance. This establishes a direct line of communication
between you and the District Attorney’s Office and
will assure that your needs are met as quickly as possible.
Filing Criminal Charges
The assigned deputy district attorney reviews the evidence
submitted by the law enforcement agency to determine: (1) if
there is sufficient evidence to prove that a crime has
been committed, and (2) if there is sufficient evidence
to prove that the defendant committed it. In some cases,
the deputy district attorney will personally meet with
you, along with an investigator and an advocate. If the
District Attorney’s Office decides not to prosecute,
you will be given an explanation of how and why this decision
was made.
Charging the Defendant
Once the deputy district attorney is satisfied that the
evidence presented by the law enforcement agency is sufficient
to prove the charges, the deputy will prepare, sign and
file with the court a document called a “complaint.” The
complaint charges the defendant with all crimes that the
evidence will support.
There are two types of criminal cases: misdemeanors and
felonies.
Misdemeanors are punishable by up to one year in the
Ventura County jail.
A felony offense could result in a sentence to a state
correctional facility.
Arraignment
Once the complaint is filed, the defendant comes to court
for his/her “arraignment.”
The defendant will appear personally before the judge,
who will advise him/her of the charges, his/her constitutional
rights, and appoint an attorney if he/she does not have
one. If the defendant pleads guilty, he/she may be sentenced
(see “Sentencing”). If he/she pleads not guilty,
the case will proceed to the next stage. Your appearance
at the arraignment is NOT REQUIRED.
If the defendant pleads not guilty to a felony charge
(defendants rarely plead guilty at arraignment), the court
will set a date for a preliminary examination within 10
court days (weekdays, excluding holidays).
Preliminary Hearing
In felony cases, a crime victim’s first appearance
will usually be for the preliminary hearing. Here, a judge
listens to the evidence of the crime and determines whether
it is sufficient to require the defendant to go to trial.
The preliminary hearing is not a trial.
In some cases, the deputy district attorney will have
a “hearsay preliminary hearing” in which a
police officer testifies in lieu of the victim. At this
type of hearing, the victim is not required to attend.
If there is sufficient evidence, the defendant will be “held
to answer” and the case proceeds to trial.
After the defendant is “held to answer,” he/she
will again be arraigned. Your appearance is NOT REQUIRED
at the arraignment.
In misdemeanor cases there is no preliminary hearing.
Trials
Usually, cases that reach this stage in superior court
are decided by a jury of 12 people selected from the community.
Your attendance and testimony will usually
be required.
In misdemeanor cases, your first court appearance will
be for the actual trial. There is no preliminary hearing.
Therefore, your testimony will only be required for the
actual trial.
Judgment and Sentencing
If the defendant is found guilty by the jury, or pleads
guilty, judgment will be pronounced and sentence imposed
at a special hearing. You are not required to attend. However,
if you are a victim of the crime you have the right to
be present and to make a victim impact statement to the
judge. Your district attorney victim advocate can inform
you more about this right.
Prior to that hearing, the defendant may be referred
to the Probation Department for them to conduct a study
of his/her background, the crime involved, and events surrounding
his/her life, in order to make a report and recommendation
to the court. In conducting this study, a probation officer
may contact you by telephone, mail or in person. Your cooperation
in providing information about the crime, your injuries,
and financial losses will be helpful. Providing receipts
and other documentation will make restitution easier. If
the Probation Department does not contact you, you may
reach them by calling 654‑2132.
If you choose not to appear for the sentencing, a victim
advocate can contact you with information on the outcome
of the case.
Your Testimony
It is not uncommon for witnesses to feel frightened or
intimidated by having to appear in court. The elderly,
in particular, have special needs in this regard. Older
people can experience changes in memory and perception
and sometimes those changes cause them to forget details
of the crime. No one can remember every detail. It is important
for you to answer the questions to the best of your ability.
If you have any difficulty in understanding a question
asked of you during your testimony or you do not hear a
question, it is important that you tell this to the judge.
Through your testimony, you will know that you have done
your best to make your community a safe one in which to
live and work. The process of justice takes time. It often
seems tedious. Some of the delays and frustrations you
may encounter are part of the system that protects YOUR
rights if someone accuses you of a crime. In our country,
every person is presumed innocent until proven guilty beyond
a reasonable doubt. To protect this right, we have a system
of criminal justice with many painstaking steps.
The system depends on the patience and commitment of
citizens like you to make it work. The District Attorney
appreciates your determination and your patience. We hope
to share with you the satisfaction of a fair and successful
prosecution in this case.
