overview of the criminal justice system
The following
information is intended to provide a brief overview of the criminal
justice system, including the participants and the process. This
information is not intended to answer all questions, but to familiarize
you with the criminal justice system. The District Attorney's Office hopes
you find the information helpful.
CRIMINAL JUSTICE SYSTEM PARTICIPANTS
The criminal justice system involves several distinct participants. Each
is an integral part of the system. Below, each participant is identified
and their role in the criminal justice system described:
VICTIM
The victim is the individual who has suffered injury, loss of life, loss
of property or other indignity. The victim is usually an individual, but
can be a business or other entity. Historically, the criminal justice
system has primarily focused on preserving the rights of the defendant and
not the victim. However, in recent years, those involved in the criminal
justice system have fought to increase awareness of victim's concerns and
have developed a number of rights for victims. Victims now have others to
help them overcome the pain, distress, indignity, and inconvenience of
being a victim. Several agencies exist to serve victims in our community
and act as a voice for victims in the criminal justice system. For any
questions regarding this information or should you need assistance, please
review the information in the section titled Victim Witness Services.
LAW ENFORCEMENT
The various law enforcement agencies in Colusa County respond to the
report of a crime and investigate the crime. Law enforcement agencies are
responsible for identifying witnesses, gathering information, and
collecting evidence. Once the investigation is complete, the law
enforcement agency refers the case to the Office of the District Attorney
if a criminal complaint is sought against the offender. The law
enforcement agencies in Colusa County include the Colusa Police
Department, the Williams Police Department, the Colusa County Sheriff's
Office, the California Highway Patrol, the Department of Fish and Game,
and others.
DISTRICT ATTORNEY
The District Attorney has the primary responsibility for prosecuting those
who commit crimes. The District Attorney and his staff review police
reports submitted by law enforcement agencies to determine whether or not
criminal charges should be filed against a citizen. If criminal charges
are filed, the District Attorney is responsible for prosecuting the case
in court to its conclusion. The District Attorney is charged with the
responsibility of enforcing the laws to the ultimate end of seeing that
justice is done.
JUDGE
The judge is the person who presides over the cases and makes the ultimate
decisions regarding legal matters. The judge is required to be a neutral
or impartial party in the court proceeding. The judge is responsible for
imposing a sentence on a defendant after a conviction.
DEFENSE ATTORNEY
The defense attorney represents the defendant who is charged with the
crime. The defense attorney's responsibility is to zealously represent the
defendant. Sometimes the defense attorney is appointed for the defendant
by the County (Public Defender), and sometimes the defendant hires his or
her own attorney.
THE COURT PROCESS
FILING OF CHARGES
The criminal process starts with the filing of a criminal complaint, which
is the document that lists the charges against the defendant. The District
Attorney has the sole responsibility for deciding what charges if any
should be filed. Charges can be in the grade of an infraction,
misdemeanor, or felony. Infractions are punishable by a monetary fine,
misdemeanors by county jail and/or a fine, and a felony by state prison or
county jail and/or a fine. A defendant may be brought to court by several
methods: 1) a warrant for the arrest of the defendant may be issued by the
court; 2) a letter may be sent to the defendant asking him/her to
surrender to the jail; 3) the defendant may already be in custody and will
be brought to court by the jail; 4) or other arrangements may be made to
have the defendant voluntarily appear in court. The seriousness of the
crime, the likelihood of the defendant fleeing, and the danger to the
public are all considerations in determining which method is used.
ARRAIGNMENT
The first court appearance is called an arraignment. At the arraignment,
the defendant is informed of the charges, appointed a defense attorney, if
he or she cannot afford one, and is asked for a plea. It is extremely
common for a defendant to plead "not guilty" at this stage. The judge next
decides whether a defendant should be required to post bail or be released
on his/her own recognizance ("O.R."). The same issues of danger to the
public, likelihood of flight and seriousness of the crime are all
considered. The more serious the case, the higher the bail. The judge can
also order conditions on any release such as a "stay away" order, drug
testing, etc.. Finally, the next court dates will be set. What dates and
when they occur are dependent upon whether the case is charged as a felony
or a misdemeanor.
PRELIMINARY HEARING
Following the initial arraignment on a felony criminal complaint, a
defendant has the right to a preliminary examination or hearing. This is
not a trial, but a hearing at which a judge listens to the evidence of the
crime and determines whether it is sufficient to require the defendant to
stand trial. The preliminary hearing is not a trial and the defendant is
not found "guilty or not guilty". Normally, just enough evidence is
presented to convince the judge to "hold" the defendant for a trial. Thus,
the judge issues a "holding order" if sufficient evidence is produced.
Witnesses are subpoenaed to testify at these hearings and the defendant is
present throughout the proceeding. Following a successful preliminary
hearing, the District Attorney may file an Information. The Information,
like a Complaint, is a document that lists the charges against the
defendant that were proved at the preliminary hearing. The defendant is
then arraigned a second time, but this time on the Information.
GRAND JURY INDICTMENT
The Grand Jury process is an alternative in felony cases to issuing a
complaint and conducting a preliminary hearing. The Grand Jury process is
not frequently used. The Grand Jury is a body comprised of citizens of the
community empowered to investigate allegations of a felony. If the Grand
Jury finds sufficient evidence to support criminal charges against a
defendant, the Grand Jury issues an Indictment. The Indictment is a
document like the Information in a felony case that lists the charges
against a defendant. The defendant is arraigned on the Indictment in the
Superior Court.
JURY TRIAL
All defendants charged with a crime are presumed innocent until proven
guilty beyond a reasonable doubt. The District Attorney has the burden of
proving guilt beyond a reasonable doubt. In California, anytime a
defendant faces a possible jail or prison sentence, he or she has the
right to a jury trial where 12 jurors chosen from the community decide the
guilt or innocence of the defendant. The time when the trial is to take
place depends on whether the charges are misdemeanor or felony charges.
Cases involving both felony and misdemeanor offenses in the same charging
document are controlled by the felony trial schedule.
TIME FRAMES FOR TRIALS
Under California law, a defendant charged with a felony charge must be
brought to trial within 60 days of the filing of the Information or
Indictment, unless that right is waived by the defendant. Generally, the
defendant does agree to "waive time" or agree to setting the trial beyond
the 60 day period.
Under California law, a defendant charged with a misdemeanor must be
brought to trial within 30 days if the defendant is in custody, or 45 days
if the defendant is not in custody, unless that right is waived by the
defendant. Witnesses must testify at trial. Even in felony cases in which
the witness may have testified and been thoroughly questioned at the
preliminary hearing, a witness may be called to testify again. In most
cases, a trial is not held because the defendant pleads guilty.
MOTIONS
Motions are formal requests by either the prosecution or the defense for a
judge to hear and decide a disputed issue. Motions can be made at anytime
during the pendency of the case. However, many significant motions are
brought before a case goes to trial. Motions are often used to define what
evidence will ultimately be presented to a jury.
DISCOVERY
The pre-trial procedure by which evidence and information is provided to
the defense by the prosecution is called "discovery". This information
includes police reports, witness statements, information potentially
impacting the credibility of witnesses, and any other information that
might tend to show the defendant's guilt or innocence. The scope of
discovery is quite broad. The defense attorney is also required to provide
discovery to the District Attorney before trial.
SUBPOENAS
A subpoena is a document that represents a court order directing a witness
to be present for court at the time and place stated. Subpoenas may be
received from the District Attorney, the defense attorney or both. The
subpoena may be served in person. Court hearings do not always take place
on the precise day or time scheduled. Court calendar conflicts, the
unavailability of essential witnesses, or a legal motion may cause a case
to be delayed or "continued." Whenever possible, arrangements are made to
place witnesses "on call" or "telephone standby". This means that the
witness may leave the courthouse, but must be able to come to court
immediately when called.
VERDICT
The "verdict" is the decision of the jury or judge regarding the guilt of
the defendant. The reading of the verdict is done in open court and anyone
from the public may attend. The defendant will be found either "guilty" or
"not guilty" of the crime. If the defendant is found "not guilty" of all
charges, the defendant will be set free. If the jury cannot reach a
verdict (called a "hung jury"), a mistrial will be declared and there may
be a new trial. If the accused is found guilty, a date will be set for
sentencing.
SENTENCING
On the sentencing date, the judge will consider a variety of information
to formulate an appropriate punishment for the defendant. This information
includes a Probation Department recommendation, if one is prepared, the
circumstances of the crime, the defendant's background, the victim's
statement and any argument or other evidence presented by the attorneys. A
victim who wishes to have input should send a letter to the Probation
Department or the District Attorney's Office as soon a possible after the
verdict, stating the victim's views on the case, any opinion regarding the
appropriate sentence, and the monetary amount of any loss suffered (with
receipts if available). A victim should NOT wait to be contacted by the
Probation Department or the court. At the sentencing hearing, the victim
has an absolute right to speak to the judge about the appropriate
punishment.
In most cases, A judge may sentence a defendant convicted of a misdemeanor
to time in the county jail and place him or her on probation for up to 3
years. On felony charges, the judge may sentence the defendant to a term
in state prison or place the defendant on a grant of probation for up to 5
years and time in the local county jail. The judge can order the convicted
individual to pay restitution to the victim of the crime for damages. The
convicted individual may also be ordered by the judge to fully disclose
his or her financial assets and ability to pay off court ordered
restitution and fines.
PROBATION
Probation is a court imposed sentence that places conditions on a
convicted individual and releases that person into the community instead
of sending them to jail or instead of sending them to jail for the entire
length of their sentence. If a defendant is placed on probation for either
a misdemeanor or felony, certain conditions and restrictions will be
placed on him or her. These may include fines, payment of restitution, a
stay away order, drug or alcohol testing, and search and seizure clauses.
The defendant may also be supervised by a Probation Officer.
PAROLE
If the sentence includes being sent to state prison, the individual may be
released from prison before serving his/her full sentence by being granted
parole. The parolee is subject to terms and conditions which, if they
violate, can result in their being returned to prison.
VIOLATIONS OF PROBATION OR PAROLE
Violation of Probation - If a defendant, who is placed on probation,
violates any term or condition of probation, he or she can be arrested and
punished by additional county jail time. Before punishment can be imposed
upon a probationer, however, the defendant has the right to a hearing to
determine if the violation actually occurred. The burden of proof is much
lower than a trial and the matter is tried before a judge instead of a
jury.
Violation of Parole - If someone is charged with violating a condition of
parole, the parole agent can initiate the process to have the parole
revoked. A warrant for the arrest of the parolee will be issued and the
California Department of Corrections Parole Agent will complete the
administrative steps necessary to have the parolee returned to prison for
the violation.