how to file charges with the district attorney in california

The charges generally must be brought in the county where the crime is alleged to have taken place. The district attorney will go through the investigation file to determine if there is sufficient probable cause to file a complaint. This complaint is the legal pleading that lays out which crime (s) the suspect is alleged to have committed.

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How does the District Attorney's Office decide to file charges?

The DA's Office will either file ("press") charges or reject the case based on the facts in the police report. If the DA's Office decides to file charges, they will file either a felony charge or a misdemeanor charge. The victim's cooperation in the case is very important.

How do I contact the Los Angeles County district attorney's office?

Please direct inquiries or complaints to (866) 901-3212 or email [email protected]. Written correspondence may be sent to: Child Support Services Department, Office of Ombudsperson, 5770 South Eastern Avenue, Commerce, CA 90040. I have a complaint against the District Attorney's Office. How do I contact you?

How do I file a complaint with the district attorney's office?

Email the office at [email protected] or write a letter and send it to the Los Angeles County District Attorney's Office, 211 West Temple Street, Suite 1200, Los Angeles, CA 90012. I want to file a complaint against a police officer or sheriff's deputy. Can the District Attorney's Office help me?

How hard is it for a district attorney to get an arrest?

Again, the threshold the district attorney must reach here is very low: probable cause only requires a “reasonable ground for belief of guilt,” as the Supreme Court noted in Maryland v. Pringle. With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued

How long does the district attorney have to file charges in California?

Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.

How long does it take for DA to file charges in California?

It is important to note that if the defendant is in custody, the DA's office must decide to file charges within 48 hours. If there is insufficient evidence to file charges, the defendant must be released. The specific process of filing charges is through a criminal complaint.

What does a district attorney do in California?

The District Attorney (DA) is a constitutionally elected county official. The District Attorney is responsible for the prosecution of criminal violations of state law and county ordinances occurring within a county under California Government Code Section 26500.

Does California have district attorneys?

The district attorney's job is to seek justice in criminal cases, work to prevent crime, and serve as a leader in the diverse communities they represent. The DA is also an elected official. In California, we have 58 elected DAs each representing one of our 58 counties.

How long does the DA have to file misdemeanor charges in California?

one yearWhat are the limitations for misdemeanors? Most California misdemeanors have a SOL of one year. This means a prosecutor must file charges of a misdemeanor within one year of the offense. If no charges are brought during this one-year time period, a prosecutor loses the right to file them in the future.

How long after a crime can you be charged?

6 monthsSection 179 of the Criminal Procedure Act 1986 (NSW) reads as follows: Proceedings for a summary offence must be commenced not later than 6 months from when the offence was alleged to have been committed.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

Who prosecutes misdemeanors in California?

The DA prosecutes misdemeanors in unincorporated areas and 78 L.A. County cities. In several populous cities, including Los Angeles, Long Beach and Torrance, local city attorneys, and not the DA, prosecute misdemeanors and municipal code violations.

What does it mean to prosecute someone?

Prosecute is generally found today in a legal context (“to bring legal action against for redress or punishment of a crime or violation of law”), although the word may also be used to mean “to follow to the end” or “to engage in.” If someone is prosecuted they are being tried in a court of law; if they are persecuted ...

How do I file a complaint against a district attorney in California?

The State Bar of California investigates complaints and disciplines attorneys who violate State Bar rules. For information on how to file a complaint, visit www.calbar.ca.gov or call the Attorney Complaint Hotline at (800) 843-9053.

What does the Attorney General do?

The Attorney General is the representative of the public in all legal proceedings for the enforcement of law and the assertion or protection of public rights. The Attorney General defends the constitutionality of Bills referred to the Supreme Court under Article 26 of the Constitution.

What does an assistant district attorney do?

The assistant district attorney (assistant DA, ADA) (or state prosecutor or assistant state's attorney) is a law enforcement official who represents the state government on behalf of the district attorney in investigating and prosecuting individuals alleged to have committed a crime.

How to get an emergency protective order?

To get an emergency protective order, call your local police department and tell them you need an emergency protective order. They will take information from you about you, your family, and the person threatening you, and issue the order.

How to report a crime in progress?

1. Dial 911 to report a crime in progress. Use 911 for emergencies. Call 911 after the fact if people are injured, or if you fear for your safety or think the person will come back. Try to remain calm, and give the operator a detailed description of where you are.

What to do if someone is injured in 911?

If anyone is injured, assess their condition as best you can so the 911 operator will know what level of response is required.

What to do if you learn something new about a crime?

If you learn anything new about the incident, or the suspect who committed the crime, you can call the police department and have this information added to your report.

How to get a copy of a police report?

Get a written copy of the report. When the officer is finished taking your report, they should give you a copy. Sometimes this will be a temporary report, and you'll need to go back to pick up the final report.

What kind of crime can you report online?

For example, if you arrive to open the store where you work one morning and discover it was vandalized overnight, that is the kind of crime you could report online.

Why do you have to serve the person you want restrained?

You must serve the person you want restrained so they have the opportunity to appear in court and explain their actions.

How to get a victim notification?

You must ask for notification in writing. To do that, get the Request for Victim Services CDCR Form 1707 or call 1-877-256-6877. You can also get this form (the Request for Victim Services, CDCR Form 1707) from your local victim witness assistance center.

What happens if a defendant does not report to the court?

If the defendant does not report to the court, the police will try to find him or her. That could take some time. Bail. The victim has the right to ask for an increase in bail. The judge must set the defendant's bail within 8 hours after that person is booked into custody.

What are the conditions of release?

Other common conditions of release include participation in a batterer intervention program and substance abuse treatment. Violation of the Conditions of Release.

What happens if a victim does not cooperate with the DA?

But if the victim does not cooperate, the DA can still prosecute the abusive person. If the victim does not want there to be a criminal restraining order, he or she can explain to the district attorney why he or she believes it would be best, given the circumstances, not to pursue a criminal restraining order.

What is an EPO order?

If you are a victim of abuse, serious harassment, or stalking, you can ask the police for an emergency protective order (also called an "EPO").

How to get a permanent order?

To get a more permanent order, you must ask the court for a temporary restraining order ( also called a "TRO"). Review the section on Restraining Orders to find out what type of restraining order you need. Make a Report.

How long can you go to jail for a misdemeanor?

For a misdemeanor conviction, the maximum sentence is 1 year in jail.

Why is it important for a defendant to have a lawyer?

This is because lawyers are required by law to protect the identity of witnesses while still preparing a defense so that the witnesses are not put in jeopardy. This is why it is so important that a defendant charged with a misdemeanor or felony be represented by a lawyer.

How long does it take to get information from a court?

The prosecutor must file the Information within 15 days of the date the defendant was “held to answer” at the preliminary hearing. The trial must start within 60 days of the arraignment on the Information. The defendant can “waive” (give up) the right to a speedy trial.

Why do defendants have to have a jury trial?

Usually, defendants choose to have a jury trial because they want a jury of their peers to hear the evidence and decide their guilt. But sometimes there may be circumstances where a defense attorney will recommend a court trial without a jury.

How long does it take for a misdemeanor to be tried?

(See section 1382 of the Penal Code). If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later.

How long does it take for a defendant to waive time?

But even if the defendant waives time, the law says the trial must start within 10 days after the trial date is set. It is very important for defendants to get advice from an attorney before they waive time.

What is the first time a defendant appears in court?

The Arraignment . The arraignment is the first time the defendant appears in court. At the arraignment, the judge tells the defendant: • What the charges are, • What his or her constitutional rights are, and. • That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge.

Why do you need a lawyer for a misdemeanor?

This report summarizes the events leading up to the arrest or citation and provides witnesses’ names and other relevant information. Defendants generally do NOT have a right to get a copy of the arrest report, but their lawyers do. The reason for this is to protect the identity of witnesses. This is another reason why it is important that a defendant charged with a misdemeanor or felony have a lawyer to represent him or her.

How does a bail hearing help?

The bail hearing is another area where an experienced attorney can benefit you. He or she can potentially save you hundreds of dollars by arguing for a reduction in bail. A defendant in custody on criminal charges has the right to reasonable bail. The court may allow the bail hearing to take place during the arraignment, or require the attorney to file a formal motion and notify the prosecutor of your intent to seek a bail reduction. The prosecutor will have the option to contest the reduction.

How long does it take for a prosecutor to file a case?

For most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed.

Why do you need an attorney?

For these reasons, it is crucial that you have an experienced attorney on your side, either to convince the prosecutor to not pursue your case, or to consider lesser charges. For example, the attorney might be able to persuade the prosecutor to charge the crime as a misdemeanor rather than a felony.

What does it mean to be arrested?

An arrest involves taking a person into custody for the purpose of holding the suspect until their case is heard in court. The police must have probable cause to arrest you, which means that the police have a reasonable belief that you committed a particular crime.

What happens if the police have not turned over their information to the prosecutor?

If the police have yet to turn over their information to the prosecutor, your attorney can present your side of the story to the police so that the police reports accurately represent the facts in your defense.

What is a pre-filing investigation?

A pre-filing investigation generally involves a law enforcement agency analyzing and scrutinizing the facts of your case to determine whether the police agency can recommend that prosecutors file charges against you. During this time, the police may question you or witnesses in the case, or even conduct a search of your property.

What is an allegation?

The Allegation. An allegation is simply a notice to a law enforcement agency that you have committed a criminal act. The allegation can arise from any source, be it a citizen or a police officer; or it could come from a regulatory agency, such as the Securities Exchange Commission or Drug Enforcement Agency.

What is the role of the state bar?

The State Bar plays a central role in the development and enforcement of laws that govern attorney conduct. The guidelines for attorneys are embodied in the Rules of Professional Conduct, which cover everything from financial arrangements between attorneys and responsibilities to clients to the confidentiality of client records.

What does the State Bar do when a criminal case is suspected?

If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.

What is the Lawyer Assistance Program?

Lawyer Assistance Program. Substance abuse is a serious problem facing the legal profession. Attorneys may sign up for a confidential evaluation through the State Bar's Lawyer Assistance Program. Attorneys may also be required to participate in the Lawyer Assistance Program as the result of a discipline case.

What is interest bearing in California?

California law requires attorneys who handle client funds to hold them in an interest-bearing bank account. In certain circumstances, the bar uses the interest on these accounts to benefit nonprofit legal services around the state.

Can a complaint be investigated by the state bar?

Not all complaints warrant an investigation or charges. But if State Bar investigators and attorneys find a basis for a complaint, and it is not resolved after discussions with the attorney, the case is referred to State Bar Court for a disciplinary hearing.

What happens if a district attorney waits to file charges in Kansas?

The longer a district attorney waits to file charges, the more “stale” a case becomes. Witnesses disperse around the country. Some may even pass away or suffer from failing memories. This process can hurt both the prosecution and defendant. Recognizing this, Kansas has adopted a statute of limitations for nearly all crimes. These serve as time limits upon when a district attorney may file a complaint for committing a crime. After the set number of years passes, the suspect will not be subject to prosecution.

What does the district attorney do?

The county handles the prosecution of all state offenses; that is, violations of a state law. The police investigate both state offenses and municipal infractions, or violations of city ordinances. However, the district attorney will only handle state felony or misdemeanor charges (a city prosecutor will handle ordinances violations for each city). The charges generally must be brought in the county where the crime is alleged to have taken place. The district attorney will go through the investigation file to determine if there is sufficient probable cause to file a complaint. This complaint is the legal pleading that lays out which crime (s) the suspect is alleged to have committed.

How does a district attorney get an arrest warrant?

The district attorney will likely simultaneously file paperwork requesting that a judge issues an arrest warrant for the suspect. An arrest warrant is similar to a search warrant, but instead sets out a person that is to be brought into custody. A district attorney does not have the power to issue an arrest warrant by herself. Rather, only a judge can sign a warrant to make it effective. The judge will ensure that probable cause exists to suspect the individual has committed a crime. To show such probable cause, the district attorney will generally draft a written statement that outlines the evidence obtained by police during their investigation. Again, the threshold the district attorney must reach here is very low: probable cause only requires a “reasonable ground for belief of guilt,” as the Supreme Court noted in Maryland v. Pringle. With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued

What is probable cause in a criminal case?

The judge will ensure that probable cause exists to suspect the individual has committed a crime. To show such probable cause, the district attorney will generally draft a written statement that outlines the evidence obtained by police during their investigation.

What happens when a charge is filed?

Once a charge is filed, the options of eliminating the case are very few. Unlike investigations, which may ultimately never produce any real traction for the state, a filed complaint is quite different. First, the complaint creates a criminal case that is largely a matter of public record. This means any number of people, including potential employers, friends, or family members, can easily find records of the accused and what charges were filed. Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.

How can a case be ended?

Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.

Can a district attorney file probable cause?

With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued. “Discretion to file” is one peculiar aspect of the American criminal justice system is the ability of a district attorney to completely forego criminal charges.

What is the Los Angeles County District Attorney's Office?

The Los Angeles County District Attorney's Office prosecutes felony crimes throughout Los Angeles County and misdemeanor crimes in unincorporated areas of the county and in all cities except Burbank, Hawthorne, Hermosa Beach, Inglewood, Long Beach, Los Angeles, Pasadena, Redondo Beach, Santa Monica and Torrance.

What is the JSID in Los Angeles?

The District Attorney's Justice System Integrity Division (JSID) investigates and prosecutes criminal conduct by persons who work within the justice system in Los Angeles County, including attorneys, judges, court employees and law enforcement personnel. To contact JSID, call (213) 974-3888.

What agency do you report a complaint to?

You will need to report the matter to the officer's agency. That agency is required to receive a complaint, investigate the matter and respond to the complaining party.

How to file a complaint against a California attorney?

For information on how to file a complaint, visit www.calbar.ca.gov or call the Attorney Complaint Hotline at (800) 843-9053.

What is a deputy district attorney?

A deputy district attorney reviews cases brought to the District Attorney's Office by local law enforcement agencies. The reports are reviewed in light of current law and whether the case presented by the agency can be proven in court beyond a reasonable doubt.

How to contact the Los Angeles County Department of Consumer and Business Affairs?

Visit http://dcba.lacounty.gov/ or call (800) 593-8222. The agency also may be reached by e-mail at [email protected].

Where to report a crime?

All crimes should be reported to the police agency in the area where the crime occurred. If you need to report an emergency, call 911. In certain limited circumstances, the District Attorney's Office takes crime reports for cases such as public corruption, criminal conduct by members of the judicial system, fraud cases in excess of $300,000 and real estate fraud.

What to do if your attorney is not a criminal lawyer?

If your attorney doesn't have any criminal law experience, you should consider talking to one who does to get additional advice regarding your perjury claim. An attorney may decide your claim isn't actionable or worth pursuing, but an attorney skilled in criminal law typically is better placed to make that decision than you are.

What is subornation of perjury?

Subornation of perjury involves convincing someone else to testify falsely on your behalf. If you find yourself charged with subornation of perjury, keep in mind that merely knowing that the other person lied is not enough for a conviction.

What is the best way to represent a perjury charge?

If a perjury charge is considered actionable, it is best to be represented by an attorney who can help guide you through the process.

What to do if you are perjury?

Talk to your attorney. If the perjury occurs during a court case in which you are represented by an attorney, you should alert her to the perjury as soon as possible. If the false statements harm you or your case in any way, you may have an additional claim against the person in civil court.

How to perjure someone?

You should make a list of each statement made by the other party that you believe to be false. People perjure themselves if they make a false or misleading statement under oath, or sign a document that they know to contain false or misleading statements.

How to fight perjury?

Work with your attorney on strategies to combat the perjury. Your attorney may want to discuss the matter with the judge, or bring the party back on the stand and question him about the perjury.

What happens if the DA decides to prosecute?

Keep in mind that if the DA decides to prosecute, she will have to prove her case beyond a reasonable doubt. If you intend to go to the DA, make sure you have as much information about the perjury as possible.