victim of criminal breaking my home, who to call district attorney

by Kris Collins Published 2 years ago Updated 1 year ago 6 min read

Keep the district attorney’s office informed during all stages of the criminal justice process, and contact the Victim Assistance Coordinator. You will want to inform the office of: Your address and phone numbers, and any changes

Full Answer

What should I talk to the district attorney about?

Assuming the victim wants prosecution, the main things to communicate to the district attorney is that the victim doesn't want the case dismissed, and that the victim is willing to testify if necessary. It's also important to communicate to the district attorney that the victim doesn't want the case pled out on a give-away deal.

What happens when a district attorney meets with a victim?

Mar 17, 2018 · The Criminal Justice Process. In Talking to the District Attorney as a Witness subject, When someone is arrested, they may or may not ultimately have charges filed against them. This means someone can be arrested for a crime, but the district attorney will review the police report and any available evidence to determine if the crime alleged was ...

Can the defense team contact the victim?

A. When the district attorney hasn't yet made any decision about whether to file charges on the case, or to reject the case for prosecution. Once the police report has been logged into the district attorney's office, there are times when a lack of a decision by …

Why does the district attorney let a case get to this point?

Listed below are several things you should keep in mind or consider if you are the victim of a crime. Develop a good relationship with law enforcement officials and the prosecutor handling your case. Keep the district attorney’s office informed during all stages of the criminal justice process, and contact the Victim Assistance Coordinator.

What happens when you speak to a district attorney?

This means someone can be arrested for a crime, but the district attorney will review the police report and any available evidence to determine if the crime alleged was actually committed. If they feel they cannot properly or successfully prosecute for the crime, they may not file charges at all.

Why is it important to know your rights as a witness?

It is important to know your rights as a witness to avoid giving a statement you do not want to give.

How long does it take for a suspect to be released from jail?

If this arraignment doesn't happen within 48 hours of arrest, then the jail must set the suspect free. This means that if the suspect is in custody, the DA must review the police report and decide which, if any, charges to file well within the 48 hour period, or the suspect will be set free.

How long does a case have to sit before a decision is made?

In general, if you think about it, there usually is no good reason for any case to sit in the district attorney's office more than a couple days before the attorney makes some kind of a decision on the case. The attorney should read the case as soon as possible after it comes into the office.

How is probation similar to parole?

Probation and parole are similar in that a person on probation or a person on parole have both been convicted of a crime. Probation, however, refers to someone who has been convicted (of a misdemeanor or felony) and has been sentenced to the county jail. This usually means a sentence of one year or less.

What happens if someone is arrested while on probation?

In sum, if someone is arrested for a new criminal act while on probation, especially for a crime of violence, the district attorney should charge that person with a new criminal charge (assuming, of course, there is sufficient evidence), as well as handling the case as a violation of probation.

What is the preponderance of evidence standard?

Family court operates on the 'preponderance of evidence standard', sometimes called the 'more likely than not' standard. So, if the defendant has been charged with domestic violence in the criminal system, that is usually sufficient for the family court to hold that the defendant is a perpetrator of domestic violence.

How long does it take to get a charge filed in California?

This is because any suspect who is in custody has a right to appear before a judge and be informed of the charges filed against him within 48 hours (in California) (not counting days when the courts are closed). (The time frame may vary slightly in other states.)

What is a DA front desk person?

The DA front desk person generally has a computer in front of the them and can answer basic case status questions for anyone who calls, whether they're connected to the case or not. (The one bit of case information that will not be given out is the name and other personal information of the case victim.)

What to do if you are a victim of a crime?

Who should prepare a victim impact statement?

Prepare a Victim Impact Statement for the judge, prosecutor, probation officer and corrections officials. If a probation officer is involved in the case, it is also important to keep him/her informed. Be sure to let the officer know: Your address and phone numbers, and any changes.

How do citizens participate in criminal justice?

Citizen's Involvement in the criminal justice system typically begins with them being a victim, witness, or defendant of a crime. Arrests are made generally by a judge-issued warrant or by a police officer observing a crime in process. Law enforcement may also arrest someone if it has probable cause to believe the person committed a criminal offense. When individuals are arrested they are routinely advised of their Miranda Rights upon arrest, advising them that they have the right to remain silent and that anything they say will be used against them in court. On being questioned, defendants have the right to have their attorney present or to have one appointed if they are indigent.

What does "no" mean in an interview?

To say “no” to an interview even though they have previously granted interviews. To release a written statement through a spokesperson in lieu of an interview. To exclude children from interviews. To refrain from answering any questions which are uncomfortable or the victim feels are inappropriate.

How to keep a journal of a crime?

Keep a written journal. Begin with your activities prior to the crime, and include all contact you make about the crime regardless of how minor they may appear. Include the following items in your journal: Date and time of your conversation.

What does "to ask that offensive photographs or visuals be omitted from broadcast or publication" mean?

To ask that offensive photographs or visuals be omitted from broadcast or publication. To conduct a television interview using a silhouette or a newspaper interview without having a photograph taken. To completely give their side of the story related to the victimization.

What does "no" mean in media?

To say “no” to an interview. To select the spokesperson or advocate of their choice. To select the time and location for media interviews. To request a specific reporter. To refuse an interview with a specific reporter even though they have granted interviews to other reporters.

Why should a crime victim hire a lawyer?

For those who are victims of a crime, it can often feel like the criminal justice system is leaving them behind when it comes to addressing their needs and desires for the outcome of their case . Many victims don’t realize that only the defendant will be provided with an attorney if necessary, ...

What is the Victim's Bill of Rights?

Marsy’s Law (also known as the Victim’s Bill of Rights) states that: It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.

What is the most frustrating aspect of a crime victim's case?

One of the most frustrating aspects of a crime victim’s case is that the prosecutor will sometimes try and cut a deal with the defendant’s attorney to avoid going to trial. This frequently means the defendant will receive a less severe punishment than if they had gone to trial and been convicted.

What does it mean to work with a private attorney?

Working with a private attorney means that crime victims will have a dedicated advocate to appear in court and object to any proposed plea deals.

Should a crime victim hire their own attorney?

If a crime victim feels that their goals and desires are different that the prosecutor’s, they should consider hiring their own attorney. This can help with several factors in their case.

What are the common causes of civil cases?

Civil cases are common when: A victim is injured by a drunk driver. A landlord provides inadequate security. A school or business fails to provide a safe environment for students or employees.

Can a victim hire their own attorney?

In our experience, few victims are told by the district attorney’s office that, under Marsy’s Law, victims are entitled to hire their own attorney to represent their interests in court.

Where do you notify Victim Witness Assistant?

If you wish to receive notification and to be informed of court proceedings you must notify your Victim Witness Assistant at the District Attorney's office of any change of address or telephone number you may have.

What is the victim compensation program?

The Victims Compensation Program, administered by the Division of Victim and Justice Services, is designed to assist persons and crime survivors who suffer personal injury or death caused by criminal conduct which occurred on or after August 13, 1987. Under North Carolina law, the victim, his/her survivors, or a legal representative may file a claim within two (2) years to receive compensation from this fund. For more information visit the Victims Compensation Program website at: www.NCCrimeControl.org/vjs/

What is a Savan?

SAVAN is a free, anonymous, computer-based telephone program that provides victims of crime with two important services: information and notification. The SAVAN program is designed to provide you with a quick easy access to offender information and to alert you when an offender's custody status changes. Do not depend solely on SAVAN or any other program for your safety. SAVAN is a new program and may not be available in all North Carolina Counties. For more information visit SAVAN's website at: www.ncsavan.org

How can a criminal defense attorney help a case?

Your Criminal Defense Attorney Can Strengthen Your Case by Contacting the Victim. As your case moves forward, your lawyer will work to build the best defense possible, but it is important to see if there are any factors that will resolve your case before it goes to trial.

What does a skilled attorney do?

A skilled attorney will do everything within the scope of the law to bring a successful outcome to your case. This may include speaking with the alleged victim in order to find an acceptable way for all parties to easily resolve legal proceedings. Speaking with a victim may not always make things better for your case.

What happens if you are arrested?

If you have been arrested and are awaiting a hearing or trial, the alleged victim of your offense is a witness in your case, and the evidence they provide may be impactful in determining the outcome. While the police or prosecutor may inform this person that they do not have to speak with anyone if they do not want to, your lawyer has the right to contact them and ask if they’d be willing to discuss what’s going on. You should avoid this person if at all possible since: 1 The person claiming to be your victim might be threatened by contact from you, even if you are polite. 2 Your lawyer will know the most relevant questions that can provide helpful information for your defense.

What happens if charges are not dropped?

If your charges are not dropped before a court hearing or before going to trial, your defense team may find an interview with the victim to be very helpful. The benefits of these meetings include: Learning how the witness tells their story in person, therefore being prepared for their possible testimony in court.

What is the phone number of Luftman Heck?

Why is the DA required to call you?

Christopher Daniel Leroi. The DA is required to call you under the Victim Bill of Rights because this is a domestic violence case. They could get in trouble if they did not do so. They have to send you a victim impact statement, get your position on the case, find out if you are owed any damages, and discuss possible resolutions of your case. ...

Does Colorado have a victim's rights amendment?

Colorado has a constitutional victim's rights amendment. Crimes which have a specific victim require the D.A. to solicit input prior to making a plea offer or dropping a case. Either way, the D.A. needs to try to talk to you before proceeding. Your wishes are not binding, but the D.A. has to get your input before making decisions...