Dear Crime Victim/Witness, In 1982, a crime victim testifying before President Reagan’s Task Force on Victims of Crime made the following statement: “They explained the defendant’s rights to the ‘Nth degree.’ They couldn’t do this and they couldn’t do that because of his constitutional rights. And so I asked them, what are my rights? And they told me . . . I haven’t got any.” Fortunately, we have come a long way since then in the fight for victims’ rights. The District Attorney’s Office is committed to seeing that the rights
	of crime victims are recognized and protected. Our Crime Victims Assistance Program is staffed with compassionate Victim Advocates who are well trained to assist you throughout the criminal justice process. This booklet is designed to provide you with information about the criminal justice system, the services available to help you, and your rights as a crime victim. Please call our Crime Victims Assistance Program at (805) 654-3622 whenever you have any questions or concerns. We are here to help. Very truly yours,
	GREGORY D. TOTTEN District Attorney County of Ventura

* What Rights Do Victims Have?

Crime Victims’ Bill of Rights:

1. The right to be treated with fairness and with respect for the victim’s dignity and privacy.

2. The right to be reasonably protected from the accused offender.

3. The right to be notified of court proceedings.

4. The right to be present at all public court pro-ceedings related to the offense, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at trial.

5. The right to confer with the attorney for the Government in the case.

6. The right to restitution.

7. The right to be heard at the time of sentencing.

8. The right to information about the conviction, sentencing, imprisonment, and release of the offender.

* You Have Become A Victim Of A Crime, Now What?

Like most people, you probably never thought you would become a victim of a crime. You are probably experiencing many different emotions . . . fear, anger, confusion, helplessness, etc.

Most people have little experience with the criminal justice system until they become a victim/witness. The system can be very confusing and frustrating. The District Attorney’s Crime Victims Assistance Program is specially designed to help victims through the criminal justice system.

* What Is The Ellie Liston Crime Victims Assistance Program?

The primary purpose of the District Attorney’s Crime Victims Assistance Program is:

♥ To reduce trauma and ensure the sensitive treatment of crime victims.

♥ To provide victims with faster, more complete recovery from the effects of crime through crisis intervention and related support services.

♥ To sensitize law enforcement officials, criminal justice personnel, and the community to the needs of crime victims, and to reinforce a concerned approach to crime.

♥ To assure that crime victims are an integral part of the case in which they are involved.

♥ To maintain a comprehensive program of services for victims of all types of crime.

The Crime Victims Assistance Program

is named in loving memory of

ELLIE LISTON

An exceptional lady who devoted 40 years of her life to helping others.

Ellie retired on October 1, 1999, as a Senior Victim Advocate for the District Attorney’s Office, and soon thereafter, on January 4, 2000, lost her courageous battle with cancer.

Ellie’s legacy is the success and strength of today’s Crime Victims Assistance Program. She provided the foundation upon which it was built and for 19 years nurtured its growth while fighting for victims’ rights at home and throughout the state. She championed the cause and will forever be remembered by crime victims, prosecutors, members of the law enforcement community and the court system, coworkers and everyone whose lives she has touched.

* What Services Does The Ellie Liston Crime Victims’ Assistance Program Provide?

Once a case comes to the District Attorney’s Office, a trained Victim Advocate will be assigned to the case. The Victim Advocate works as a part of a team with the Deputy District Attorney and the Investigator who have also been assigned to the case.

It is not necessary for a case to be prosecuted for a victim to utilize the services of the Crime Victims’

* What Services Does The Ellie Liston Crime Victims Assistance Program Provide?

Once a case comes to the District Attorney’s Office, a trained Victim Advocate will be assigned to the case. The Victim Advocate works as part of a team with the Deputy District Attorney and the Investigator who have also been assigned to the case. It is not necessary for a case to be prosecuted for a victim to utilize the services of the Crime Victims Assistance Program.

Services include:

♥ Assistance with Domestic Violence Temporary Restraining Orders;

♥ Orientation to the criminal justice system;

♥ Crisis intervention;

♥ Information about your case;

♥ Property return assistance;

♥ Interview accompaniment;

♥ Support during court proceedings;

♥ Referrals to community agencies;

♥ Help with Victims of Crime Compensation;

♥ Assistance with therapist referrals.

It is not necessary for you to attend every court hearing unless you wish to or you have received a subpoena. The Victim Advocate will keep you informed as to the status of the case throughout the criminal justice process.

Victim Advocates

The District Attorney’s Crime Victims Assistance Program is staffed by trained Victim Advocates who are available to help victims of all crimes. These advocates are assigned to the following areas:

Felonies Homicide

Child abuse/molest Elder abuse

Domestic violence Statutory rape

Sexual assault Gangs

Juvenile Misdemeanors

Spanish-speaking advocates are available for all crime types.

In addition, a specially trained advocate is available to assist senior citizens and victims with developmental or physical disabilities.

* California Victim Compensation And Government Claims Board (VOC)

Many times crime victims incur expenses as a direct result of the crime. Sometimes victims or families do not have medical insurance or the financial ability to pay for these expenses.

The State of California has a compensation fund for crime victims to help with these expenses. The monies for this fund come entirely from the fines assessed to criminals at the time they are sentenced (restitution fines). The apprehension or prosecution of the suspect is not necessary to file a Victims of Crime Compensation application.

The Crime Victims Assistance Program has a trained Victim Advocate who helps victims and/or family members complete the paperwork and determine if they may be eligible for help through this program.

Those who may be eligible include:

♥ A victim who was injured as a result of a crime.

♥ A person who was not directly injured or killed as a result of the crime but who was the parent, sibling, spouse, or child of the victim and who was a resident of California at the time of the crime.

♥ A person living with the victim at the time of the crime or who had lived with the victim for at least two years in a relationship similar to a parent, sibling, spouse, or child of the victim.

♥ A person who is another family member of the victim, including the victim’s fiancé, and witnessed the crime.

♥ Anyone who pays for the medical and/or funeral/burial expenses of a deceased victim.

Some requirements are:

♥ Crime must have occurred in California.

♥ Crime must have been reported to appropriate law enforcement agencies.

♥ Victim/witness must cooperate with law enforcement agencies.

Losses that may be covered:

♥ Medical/Dental;

♥ Mental Health Counseling;

♥ Wage/Income;

♥ Financial Support;

♥ Funeral/Burial;

♥ Job Retraining.

Losses that are not covered:

♥ Personal property losses, including cash;

♥ “Pain and suffering.”

* If I Have Questions Regarding Victims of Crime Compensation Whom Do I call?

If you have any questions, you may call the Ellie Liston Crime Victims Assistance Program at (805) 654-3622. Office hours: Monday - Friday, 8 a.m. - 5 p.m. This Unit was designed to help you and answer your questions.

* What You Should Know About Appearing In Court

As a victim or witness of a crime, your assistance is vital to our system of criminal justice. The following information will explain what services are available to assist you. A Deputy District Attorney, Investigator, and Victim Advocate will be working with you while the defendant is being processed through the criminal justice system.

The District Attorney’s Office will keep you informed about your case.

As your case is being prepared for hearing in court, it may be necessary for the Deputy District Attorney to discuss the matter with you. Therefore, it is important to keep the District Attorney’s Office informed of your present address and telephone number. If you move, or are planning to go on vacation, be sure to let us know.

If you are apprehensive about your court appearance, please call the District Attorney’s Crime Victims Assistance Program. They will answer your questions and arrange for a tour of an empty courtroom before your court date.

Subpoena

A subpoena is a court order directing you to be present at the time and place stated. You may receive your subpoena by mail or in person.

If you are subpoenaed as a witness in a misdemeanor or felony trial, it may be possible to place you on call. After receiving your subpoena, immediately contact the Witness Coordination Unit at any of the toll free numbers listed below. The Witness Coordination Unit may be called any weekday between 8 a.m. and 5 p.m. Be sure to bring your subpoena to court.

Ventura/Oxnard: (805) 654-3006
Other cities: (800) 692-8887
Spanish-speaking line: (805) 654-3708

Furnishing Statements

1. If you are a crime victim or witness, you have the right to say “no” to an interview requested by a reporter for a newspaper, radio, or TV station.

2. You may decide not to answer media questions you think are inappropriate or which you feel are uncomfortable.

3. You may be contacted by a defense attorney or investigator. You have the right to say “yes” or “no” to an interview. The choice is entirely yours.

* Where Are The Courthouses?

Ventura County has two courthouses. They are located at:

1. Hall of Justice, County Government Center

800 South Victoria Avenue
Ventura, California 93009

2. East County Courthouse

3855-F Alamo Street
Simi Valley, California 93063

Free parking is available at both locations.

* Is Bus Service Available?

Buses to the County Government Center are available from most places in Ventura County. Contact South Coast Area Transit at 643-3158 or 487-4222 for additional information ( www.scat.org).

* What Can I Do With My Children?

Courtroom proceedings can be long and complex, so try to find a neighbor, friend, or relative to care for your children. The Crime Victims Assistance Program does not provide child care services. If you must bring your children, contact the Deputy District Attorney in advance to see if arrangements can be made for child care in the Children’s Waiting Room.

The Children’s Waiting Room is located on the Third Floor of the Hall of Justice, Room 306. Children must be at least 2½ years old and toilet trained. Hours are 8:30 a.m. - 12 noon and 1:15 p.m. - 4:30 p.m. There is no charge, but advance reservations should be made since space is limited.

* Is Food Service Available?

A public cafeteria on the first floor of the Ventura Hall of Justice serves reasonably priced food from 7 a.m. - 4 p.m. A snack bar located in the Administration Building is open until 4:30 p.m. In addition, there are several restaurants located near the Government Center.

* When I Arrive At The Hall of Justice, Where Do I Go?

Go directly to the courtroom that is on your subpoena unless a Victim Advocate has made other arrangements with you. If the Deputy District Attorney has asked to see you before going to court, then go to the District Attorney’s Office on the Third Floor, Room 314. The Information Booth, located near the entrance to the Hall of Justice, can help you with directions.

If you have arrived early, or would feel more comfortable, you may utilize our Victims Assistance Waiting Room on the Third Floor, Room 311. It may be possible to use the Victims Assistance Waiting Room during the trial itself. As your Deputy District Attorney for more information.

The Hall of Justice is equipped with full entry screening for the protection of visitors and courthouse employees. Upon arriving at the Hall of Justice, security guards will instruct you to walk through a metal detector and place any personal belongings on a conveyor belt so they may be x-rayed.

* How Long Will I Be In Court?

It varies. You may be excused after only a few minutes, or you might be needed for more than a day. Most witnesses testify for less than an hour. Feel free to call the Crime Victims Assistance Program if you need to know approximately how long you will testify. A Victim Advocate will obtain an estimate from the Deputy District Attorney.

Often witnesses have to wait. We suggest you bring something to read or to keep you occupied while you wait.

* What Happens If The Case Is Continued?

Often, for various reasons, a case will be continued or postponed. Sometimes a continuance will be ordered before you appear in court. We will make every effort to contact you and advise you that you need not appear on the date indicated on the subpoena.

At other times, a continuance is sought on the date you appear. The District Attorney’s Office is not always able to prevent such continuances. The Penal Code provides that when proceedings have been continued, the District Attorney’s Office need not issue another subpoena. If you are contacted by a representative of the District Attorney’s Witness Coordination Unit and advised that the date to appear has been changed, you will be expected to appear on that new date and time. It is as binding as the original subpoena and can carry the same consequences if you fail to appear.

* Fears/Threats

If you have any fears about your involvement in your case, contact the Crime Victims Assistance Program.

On rare occasions a witness may receive a threat. If you believe you have received such a threat, contact your local law enforcement agency. Such threats are crimes in California and will be investigated and prosecuted. Also, inform the Deputy District Attorney or the Victim Advocate handling your case.

A “no contact” order can be issued by the court at the Deputy District Attorney’s request. If the defendant violates this order, the Deputy District Attorney can request that the defendant be remanded back into custody.

* The Court System

In Ventura County, all criminal cases are handled in Superior Court. There are two types of criminal cases: misdemeanors and felonies. Misdemeanors are crimes that are punishable by up to one year in county jail. Felony crimes are more serious and could result in a state prison sentence.

The Superior Court is also responsible for conducting juvenile court proceedings. Minors, under the age of 18, may find themselves in juvenile court proceedings in Superior Court. These proceedings involve rules of evidence and procedures similar to those in misdemeanor and felony trials. Sometimes, due to the severity of the crime and the age of the minor, criminal complaints against a juvenile may proceed in Superior Court as if the accused minor was an adult.

Arraignments

The defendant will appear before the judge, who will advise him/her of the charges filed, the defendant’s constitutional rights, and appoint an attorney if the defendant 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 may not be necessary.

Motions

In almost all cases, there are pretrial motions. Some are made by the defense attorney, some by the Deputy District Attorney. Occasionally, it may be necessary to have a witness, such as yourself, testify at such motions.

Preliminary Hearing

In felony cases, your first appearance will usually be for the preliminary hearing. Here, the judge listens to the evidence of the crime and determines whether it is sufficient to require the defendant to go to trial. If there is sufficient evidence, the defendant will be “held to answer” and the case set for trial.

In felony cases, after the defendant is “held to answer” at the preliminary hearing, he/she will again be arraigned. Your appearance is not required at the arraignment.

Trial - Felony

Usually, cases that reach this stage are decided by a jury of 12 people selected from the community. Your attendance and testimony will usually be required.

Trial - Misdemeanor

In misdemeanor cases, your first court appearance will be 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 judge, or pleads guilty, judgment will be pronounced and sentence imposed at a special hearing. If you are a victim of the crime, you have the right to be present and to make a statement to the judge. This statement can be written, verbal, audio or videotaped. The statement should explain to the judge how the crime has impacted your life.

Prior to the sentencing, the defendant may be referred to the Probation Department for 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. This report is called a Probation and Sentencing report.

In conducting this study, a Probation Officer will contact you by phone, 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. Please make sure that you photocopy the documentation for the Probation Office and keep the originals. If the Probation Department does not contact you, you may reach them by calling 654-2132.

* Your Testimony

Necessity and Benefits

You will know that you have done your best to make your community a safe one in which to live and work. The justice process 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’s Office appreciates your determination and your patience. We hope to share with you the satisfaction of a fair and successful prosecution in this case.

On rare occasions, criminal cases are heard by the Ventura County Grand Jury. You may be called as a witness to testify at the Grand Jury proceedings.

* What Will Happen To Me In Court?

As a witness for the state, you may be questioned by the Deputy District Attorney and then by the defendant’s attorney, who will cross-examine you (ask you additional questions).

You may feel during the questioning that your testimony is under suspicion or that your personal motives are doubted, but the process of cross-examination is not meant as a personal attack toward you. It is to ensure that all sides of the case are told, and to establish the truth.

The judge is there to assist you if you do not understand a question, and to see that you are treated respectfully. If you do not understand a question, do not be afraid to say so.

Remember, if you have any questions or concerns, you may call the Crime Victims Assistance Program in the District Attorney’s Office at (805) 654-3622.

Specific Suggestions

1. Before you testify, do not try to memorize what you are going to say. Try to picture the scene, the objects there, the distances and just what happened so that you can recall more accurately when you are asked.

2. A neat appearance and proper dress in court are important.

3. You are sworn to TELL THE TRUTH. Every fact should be readily admitted. Do not exaggerate or minimize. If the court or jury believe that a witness is not being completely truthful, it can significantly weaken the entire case.

Telling the truth, however, means more than merely refraining from telling a deliberate lie. Telling the truth requires that a witness testify accurately about what he/she knows. If you tell the truth and tell it accurately, you have nothing to fear on cross-examination.

4. Avoid distracting mannerisms such as chewing gum or placing your hand in front of your mouth.

5. While taking the oath, stand upright, pay attention, and say, “I do,” clearly.

6. DO NOT GUESS OR SPECULATE. If you do not know, say you do not know. On the other hand, give positive, definite, sure answers when you remember positively, definitely and surely. If you are certain, do not say, “I think,” or, “I believe.”

7. LISTEN CAREFULLY to the entire question asked. Be sure that you understand the question before you attempt to give an answer. You cannot possibly give a truthful answer unless you understand the question. If you do not under-stand, ask that the question be rephrased until you are able to understand.

8. TAKE YOUR TIME. Give the question such thought as it requires to understand it and formulate your answer. Do not give a snap answer without thinking.

9. ANSWER THE QUESTION that is asked and then stop. Do not volunteer information not actually asked for. If you are interrupted in the middle of your answer, you may ask the judge for permission to finish your answer.

10. Explain your answer if the answer cannot be correctly understood on the basis of a simple “yes” or “no.”

11. If your answer was not correctly stated, correct it immediately. If you do not realize your error until after leaving the witness stand, advise the prosecutor as soon as possible.

12. The judge and the jury are interested only in the facts. Therefore, do not give your conclusions or opinions.

13. Be serious in and around the courtroom. Avoid laughing and talking in the presence of the jury or anywhere in the courthouse where you may be observed. You may not be laughing or talking about the case, but the jury may believe that you are. Jurors are aware that criminal prosecutions are and should be serious business.

14. Speak clearly and loudly enough so that everyone in the courtroom can hear you easily.

15. Always give audible answers so that the court reporter can make an accurate record. Do not merely shake your head indicating “yes” or “no.” Make sure that you clearly say “yes” or “no,” not “yeah” or “uh-huh.”

16. Look at the person who asked you the question. Do not look at the Deputy District Attorney when a question is asked by the defense attorney. Do not look to the Deputy District Attorney for approval after answering a question.

17. Beware of questions involving distances and time. If you make an estimate, make sure that everyone understands you are estimating. You may use the courtroom dimensions and furnishings to illustrate your estimate, i.e.: “From the jury box to the door.”

18. Always be courteous, even if the lawyer questioning you may appear discourteous. Being courteous is one of the best ways to make a good impression on the court and jury. Do not be afraid to answer, “Yes, sir,” and, “No, ma’am,” and to address the judge as “Your Honor.” Do not argue or fence. Do not appear cocky or respond with “smart aleck” remarks. Do not be evasive. Otherwise, you may be reprimanded by the judge and damage your credibility.

19. Do not lose your temper no matter how hard you are pressed. Lose your temper and you may appear to exaggerate, appear unobjective or appear emotionally unstable. Keep your cool. If you lose your temper, you have played right into the hands of the cross-examiner. If a defense attorney appears abrasive or argumentative, the prosecutor will point this out to the court and ask that he/she be admonished to address the questions in a proper fashion.

20. Stop instantly when the judge interrupts you, or when an attorney objects to a question.

21. If you do not want to answer a question, do not ask the judge whether you must answer it. If it is an improper question, the prosecuting attorney trying the case will take it up with the judge. Otherwise, you should answer the question as you would any other.

22. A defense attorney may ask whether you have discussed the case with anyone. Do not be afraid of this question. It is absolutely proper for the prosecuting attorney to speak with each witness before presenting testimony. This may include reviewing your testimony, prior statements to police, your previous testimony and other documents. Acknowledge that you have talked with others about the case (the police, the District Attorney, the victim, other witnesses or relatives). Obviously, the prosecutor will talk to all of the witnesses before calling them to the stand and inquire of them what they know about the case.

23. Do not be afraid to look at the jury and tell the story. Jurors are naturally interested in what each witness has to say and are anxious to hear his/ her testimony.

24. Feel free to contact your Victim Advocate if you have questions or concerns about testifying. He/she will answer your questions or connect you with the proper person to discuss your concerns with you.

25. Now, go back and reread these suggestions so that you will have them firmly in your mind. We hope they will help.

* Speakers Bureau

The District Attorney’s Crime Victims Assistance Program will furnish experienced speakers who provide educational outreach programs and information on many different types of crimes. Presentations are available in English and Spanish and are free of charge to community organizations, schools, military bases, law enforcement agencies, etc.

Topics include:

Crime Victim Assistance Statutory Rape

Elder Abuse Domestic Violence

Sexual Assault Gang Crimes

Homicide Juvenile Crimes

* Resources And Referrals

The District Attorney’s website includes valuable information for victims of crime at www.ventura. org/vcda. Additionally, materials are available at the District Attorney’s Office and include information on:

Domestic Violence Resources

Temporary Restraining Orders

Statutory Rape - Teen Resources and Referrals

Elder Abuse - Financial, Physical, Emotional

Sexual Assault

Victims of Crime Compensation (VOC)

California Youth Authority Information

Parole/Release Information

Therapist Referral List

Family Law Court Pro Per Clinic

* Community Responses

 “Thank you so much for your responsiveness and emotional support during our time [in court]. What a wonderful program to turn to when one is confronted with such a difficult situation . . . I felt enveloped by protective people . . . .”

Mother of a Child Molest Victim

“Words can’t even begin to express how much [you] are appreciated. Thank you for warming my spirit and returning my strength.”

Domestic Violence Victim

“We greatly appreciate the excellent service and support you have rendered to me, the Attorney General’s Office and to [the victim].

You and the other advocates change the impossible to probable while providing wonderful support services to those most in need . . . . The Ventura County community is blessed to have you.”

Mr. Ben Johnson
Deputy Attorney General
Elder Abuse Prosecution Unit

Report #:

Police Agency:

Officer’s Name:

Referring Agency Card

For additional copies of this brochure, please contact Gregory D. Totten, District Attorney, County of Ventura, Ellie Liston Crime Victims Assistance Program, (Hall of Justice), 800 South Victoria Avenue, Room 311, Ventura, California 93009, (805) 654-3622.