If you believe that you or your business has been the victim of a crime, you should immediately report that information to the local law enforcement jurisdiction in which you reside or where your company transacts business.

In most circumstances, a criminal investigation will be conducted, if warranted, by the local police department or sheriff's office where the crime occurred. On rare occasions, a state or federal investigative agency may be called to assist or complete the criminal investigation.

Criminal Review Process

Once the criminal investigation has been completed by the appropriate law enforcement agency, the completed investigative reports will be submitted to the local district attorney's office or appropriate state or federal prosecuting agency for evaluation and review.

As a victim and/or witness to a crime, your help and cooperation is vital to a successful prosecution. Without such cooperation, our system of criminal justice cannot function efficiently and guarantee a fair trial based on the full presentation of all the facts.

Upon review of the submitted case file, the prosecuting attorney reviewing the case has several decisions to make. The case can be sent back to the investigative agency to complete further requested investigation prior to the filing of criminal charges. The prosecuting attorney after review, may file misdemeanor criminal charges (in most cases the maximum punishment is limited to one year in the county jail and/or a fine) or felony criminal charges (maximum penalty includes incarceration in state prison and/or a fine).

If, after evaluation by the prosecuting agency, it is determined that insufficient evidence exists to substantiate a criminal prosecution, an individual or business may still pursue an individual civilly to recover any economic loss caused by the responsible individual(s). A civil attorney may be consulted at this point.

Court Process

Arraignment
Once criminal charges are filed, the accused is required to make a court appearance. This first court appearance is called an arraignment.

At arraignments, the district attorney gives those accused a copy of the criminal charges filed against them, and they are informed of their constitutional rights, including their right to an attorney. If the person cannot afford to hire an attorney, the court will appoint an attorney to represent them. The accused may plead guilty, not guilty or no contest. If the accused pleads not guilty, the court will set a future court date for further criminal proceedings.

Misdemeanor Charges
If the criminal charges filed are misdemeanor charges, the case will be set for a settlement conference. At this settlement conference, attorneys for both the prosecution and defense will attempt to resolve the case with concurrence of the judge. If no resolution can be reached, the case is then set for trial at a future date. (See Trial below)

Felony Charges
If the criminal charges filed are felonies, after arraignment the case will be set for a preliminary hearing, at which time a judge decides if sufficient evidence exists to proceed to trial on the felony charges. If you are the victim or a witness in a case, you may be served with a subpoena to appear in court for the preliminary hearing to testify or bring evidence.

If, at the end of the preliminary hearing, the judge decides that the evidence is not sufficient to prosecute the case as a felony, the charges may be reduced to a misdemeanor or the case may even be dismissed. If, on the other hand, the judge decides enough evidence exists, and those accused continue to plead not guilty, they will be held to answer on the felony charges and the case will be set for trial.

Trial

The trial is the court procedure where all the evidence is presented by the district attorney (prosecution) and the attorney for the accused (defense) to a judge and/or jury.

After opening statements, both sides present their evidence and witnesses. As a witness or victim you may be asked to testify again at the trial, even though you may have previously testified at the preliminary hearing. After being questioned first by the district attorney, the defense attorney will have an opportunity to cross examine, or in other words, ask you questions about information you may have regarding his/her client. Strict procedures are followed in court, and the judge oversees the process to make sure that the evidence is presented properly and the witnesses are treated fairly.

After Trial

The accused will be found either guilty or not guilty of the charges. If the jury cannot reach a verdict, a mistrial will be declared and a new trial may be held. If the accused is found guilty, a date will be set for sentencing. Before a sentence is imposed, if you are the victim, you have a right to appear at the sentencing hearing to express your views to the judge or you can do so in written form to the court or probation department.

Based on the type of conviction, the judge may impose one or more of the following sentences: (1) State Prison, (2) County Jail, (3) Probation, (4) Fine, and (5) Restitution to the victim(s).

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