bureau of investigation
Dave
B. Markss
Chief, Bureau of Investigation
The District Attorney's investigative authority is
independent of other local law enforcement agencies. District Attorney
Investigators perform a broad range of investigations including
investigations into specialized areas not handled by other local law
enforcement agencies, investigations into areas targeted by the state,
investigations to assist the operations of other departments/programs, and
assistance in trial preparations.
Investigators from the District Attorney's Office are part of the critical
incident response team called out when an incident involving the use of
"lethal force" by a peace officer occurs in the county. DA Investigators are
also called upon to conduct investigations into suspected misconduct by a
government official, local agency, or even a local peace officer.
The Bureau of Investigation in a District Attorney's Office is recognized as
a law enforcement agency by the California POST (Peace Officers Standards
and Training) Commission under state law. Each Colusa County District
Attorney Investigator working in the Bureau of Investigation is a sworn
California Peace Officer as defined in Section 830.1 of the California Penal
Code.
SPECIALIZED AREAS OF INVESTIGATIONS
TRIAL PREPARATION INVESTIGATIONS
DA Investigators assist prosecutor staff in preparing for the various court
processes on cases which were initially investigated by other law
enforcement agencies. The bulk of the trial preparation activities were done
by staff from the agency which originally investigated the case, but there
are often many other tasks which need to be done to successfully prosecute
the case. These tasks ranged from interviewing witnesses, serving court
documents, collecting additional evidence, and many other tasks. Major crime
cases, including homicides, are often cases that require additional trial
preparation work by all law enforcement agencies involved in the case,
including the DA's Office.
WITNESS PROTECTION
The District Attorney's Office administers the California Witness Protection
Program (CWPP) in Colusa County. The CWPP provides protection of witnesses
and their families, friends, or associates who are endangered due to ongoing
or anticipated testimony in gang, organized crime, or narcotic trafficking
cases or in other cases that have a high degree of risk to the witness. The
CWPP reimburses California's District Attorneys for expenses incurred by
agencies during the protection of witnesses.
ABDUCTED CHILDREN RECOVERY
District Attorney Investigators are assigned to investigate allegations of
Child Abduction. Child Abduction is defined as "…taking, enticing away,
keeping, withholding or concealing a child…" 278.5 Penal Code (PC). Child
Abduction can be committed both by parents and by non-parents. Child
Abduction is defined in sections 277-280 PC. An individual who violates the
terms of a court order may be charged with violation of a court order 166.4
PC or with 278.5 PC.
Examples of Child Abduction:
Example #1
Mom and Dad are divorced. The court has issued a custody order giving Mom
custody of the children and Dad the right to visit. Mom withholds or keeps
the children from Dad denying him his rights to visitation. MOM HAS BROKEN
THE LAW and could go to jail! The same rules apply to anyone who denies a
lawful right to custody or visitation.
Example #2
Mom and Dad have a custody order giving Dad primary custody. Dad decides he
wants to move to Arizona. If Dad moves without first going to court and
having the custody/visitation order changed to allow for his relocation, Dad
may be GUILTY OF CHILD ABDUCTION if the move with the child means that Mom's
contact with the child is changed.
The initial report of a child abduction or of a violation of a family court
order is often taken by the local police officer or deputy sheriff. However,
the Child Abduction Unit of the District Attorney's Office is charged with
the responsibility to investigate allegations of child abduction. Referrals
are sent to the District Attorney's office from other law enforcement
agencies.
The primary mission of the Investigators working in the Child Abduction Unit
is locating and often returning the child. It is not uncommon for the Child
Abduction Investigators to recover children who are far from Colusa County.
Cases will also be evaluated for filing of criminal charges.
COMMONLY ASKED QUESTIONS:
What do I do If my child is abducted?
File a police report immediately and provide the police in a copy of your
most recent custody/visitation order signed by a judge.
If there is no court order, contact a lawyer or legal clinic right away for
help in getting a custody order from the court. Ask the law enforcement
officer to enter your child in the National Crime Information Center (NCIC)
computer system as a missing person. Call the Colusa County District
Attorney Child Abduction Unit at the telephone number listed on the Contact
Us page.
You may also be assisted by a children's organization such as the National
Center For Missing and Exploited Children (www.missingkids.com) at (800)
843-5678
Can a family member abduct his/her own child?
Yes! In fact, the majority of abductions are committed by a mother, father,
grandparent, or other relative. If you think that a family member who
improperly takes his or her child is not breaking the law, you are wrong.
CHILD ABDUCTION, EVEN BY A FAMILY MEMBER, IS A FELONY, punishable by up to
three years in prison and a $10,000 fine.
Are there any exceptions?
Yes. A child may be kept away from the other parent or person with
visitation or custody rights if that person is harmful to the child. If you
think that taking or keeping a child in violation of the terms of a custody
or visitation order would be justified for the safety of you or the child,
you should call the Bureau of Investigation at the telephone number listed
on the Contact Us page. BE AWARE, however, that if you don't really have a
valid reason for taking or keeping the child, you could face charges of
child abduction.
What if my child is taken to another state, or even another country. Can I
still get help from the District Attorney's Child Abduction Unit?
Yes. The Child Abduction Unit will take measures to locate your child and
have your child returned.
I have a court order but I am still having problems with my custody or
visitation rights. What can I do?
Your court order must be clearly written, explaining visitation periods -
preferably including days and times for visits. You can then make a report
to your local police agency and provide them with a complete copy of your
most current Court Order signed by the judge. Provide the Child Abduction
Unit with the police or sheriff's report number and also a current copy of
your Court Order. If your court order is not specific and contains terms
such as "reasonable visitation", go back to court to have your order
modified.
How can I apply for a court order for custody or visitation?
Hire an attorney, contact the Family Court, or call the Child Abduction Unit
for information.
INDIAN GAMING
The District Attorney's Office receives funding from the Cachil Dehe Band of
Wintun Indians (Colusa Indian Community) to investigate and assist in the
prosecution of crimes committed at the Colusa Casino Resort.
ELDER ABUSE
Click here for comprehensive
Brochure
INVESTIGATIONS IN SUPPORT OF OTHER DEPARTMENTS AND/OR OTHER PROGRAMS
CRIMINAL NON-SUPPORT (CHILD SUPPORT)
How Do I Contact An Investigator About A Non-Support Issue?
First Contact the Department of Child Support Services. Investigations
conducted are based on referrals received from the Department of Child
Support Services. The Department of Child Support Services can be reached at
(530) 458-0555. If you are involved in a case under investigation, you will
be contacted by an Investigator.
For on-line information about the California State Department of Child
Support Services, their web page can be accessed through this link,
http://www.childsup.cahwnet.gov.
WELFARE FRAUD
The Office of the District Attorney Bureau of Investigation provides
investigative services for the Colusa County Department of Health & Human
Services (DHHS) in the investigation of allegations of welfare fraud.
Welfare fraud is defined as obtaining public assistance (cash aid, Food
Stamps, MediCAL) by means of false representation, false device, or omission
of key facts. Individuals who commit welfare fraud can be charged with
Welfare & Institution Code 10980 - Welfare Fraud, and Penal Code Section 118
- Perjury. In addition to recovery of the illegally obtained benefits,
criminal penalties are also sought for individuals who commit welfare fraud.
Welfare Fraud investigations are in two major types. One type is focused at
preventing welfare benefits from being issued to individuals who are not
eligible. Investigators conduct field investigations to provide information
to DHHS staff in order for them to have accurate information before issuing
welfare benefits and to assist in preventing the fraudulent receipt of
welfare benefits.
A study was conducted in the mid 1990's in a California county which
provided information that a significant number of individuals (over 40%)
applying for welfare benefits had provided inaccurate, or false information
to the welfare agency and thereby received benefits to which they were not
entitled. The results of this study played a major role in the
implementation throughout California of welfare fraud investigations
targeted at preventing fraud from occurring. In Colusa County, DHHS and the
DA's Office continue to take an active role in conducting investigations
targeted at preventing fraud from occurring and/or minimizing the amounts.
The second type of welfare fraud investigation focuses on allegations that
individuals had received benefits for which they were not eligible and
potentially did so by fraud. The DA's Office and DHHS receive allegations
from numerous sources, including several computer matches against state and
federal information. The two most common types of welfare fraud allegations
are that the "welfare family" has more income available to them than they
report to DHHS, and that more people are in the home than reported (it is
not uncommon that one of the persons unreported in the home is the parent of
one of children). Another allegation commonly received is that people have
more "resources" (vehicles, property, bank accounts, etc.) than they have
reported. Allegations that individuals have received aid in more than one
county, that they have received aid under a fictitious name, or that they
received fraudulent child care payments, are also investigated by the
investigators assigned to Welfare Fraud cases.
The results of investigations can range from a finding that the allegation
of fraud was unfounded to a finding that fraud was committed. Individuals
fraudulently obtained welfare benefits over several years costing thousands
of dollars. Criminal prosecution for welfare fraud, recovery of benefits
fraudulently obtained and periods of disqualification from receiving future
welfare benefits may all be part of the outcome of a welfare fraud case.
How To Report Suspected Welfare Fraud:
Colusa County District Attorney Welfare Fraud Investigator: Call (530)
458-0554.
Note: Information may be reported confidentially
To Report Welfare Fraud in California: Call (1-800 344 TIPS)
California Welfare Fraud Hotline (1-800-344-8477)
To Report Food Stamp Fraud: Call (1-800-424-9121)
US Department of Food and Nutrition