when does the prosecuting attorney meet with the victims family?

What happens when a district attorney meets with a victim?

(victim’s family and their private attorney provided prosecutor with relevant evidence obtained from private searches and interviews of witnesses); People v. Conner, 666 P.2d 5 (Cal. 1983) (en banc) (victim was a deputy prosecutor in same office prosecuting case); People v.

How do I talk to the prosecutor about my case?

On the day of the preliminary hearing, the victim is nervous to start with, and too many district attorneys will just rush in at the last minute and roll over her with whatever agenda the attorney has. When district attorneys meet with victims like that, in a rush just before the hearings, victims are often made more nervous than they already were, because they didn't understand …

What is an advocate’s role in a criminal case?

(2) A victim, the victim's attorney, the victim's legal representative, or the prosecuting attorney at the request of the victim may assert and seek enforcement of the rights enumerated in this section and any other right afforded to the victim by law …

Can a district attorney meet a victim before a preliminary hearing?

NOTE: When to meet with the District Attorney in person. ... The DA also had not called a victim advocate into the meeting, in fact, had made no attempt to connect the family to a victim advocate at any point. In addition, the family said the detective had treated them well and that he had put a lot of effort into the case. All of this together ...

Do prosecutors represent crime victims?

In general, the prosecutors should certainly support crime victims, consult with them, and consider their views when making prosecutorial decisions. However, prosecutors should never assume the role of the victim's attorney. They represent the state, not the individual victim.

Do prosecutors interview witnesses?

A criminal defense attorney or their assistants have a right to ask a prosecution witness for an interview as long as they are not harassing or threatening them. The prosecution can advise the witness that they are not required to go through this conversation, but they cannot block them from meeting with the defense.Oct 18, 2021

What happens when you are a character witness?

Character witnesses can testify on behalf of another as to that person's positive or negative character traits and the person's reputation in the community. Such character evidence is often used in criminal cases. Its usage is limited in civil cases.

What do prosecutors think about when they consider charging someone for a crime?

Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.

Can a defendant speak to the prosecutor?

Defendants are advised not to speak with prosecutors. There is no specific rule that prohibits a defendant in a criminal case from speaking directly with the district attorney in an attempt to negotiate a resolution of the charges.Jan 22, 2022

Can a lawyer investigate a crime scene?

The primary reason that any attorney would visit the scene of a crime and carry out any kind of investigation or evidence-gathering is if they think that by doing so they would be better equipped to defend their clients.Jan 21, 2022

How do you get out of a subpoena victim?

You must engage legal counsel to file a motion to quash in the appropriate court, and you must also be prepared for the possibility that the agency or party that sought or issued the subpoena will simply seek to have it re-served by authorized means.Apr 4, 2022

What should a witness never do with their testimony?

Don't nod, shake your head or make faces or noises no matter what someone says. The judge and both lawyers can look at anything you take to the witness stand. Don't take anything you don't want them to see or read. Don't try to trick the judge and lawyers.

What disqualifies a character witness?

(“(a) A person is disqualified to be a witness if he or she is: (1) Incapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or (2) Incapable of understanding the duty of a witness to tell the truth.Oct 1, 2021

What facts may the prosecutor consider when deciding what charges to file?

How Los Angeles Prosecutors Decide to File Charges in a Criminal...The Evidence. ... The Credibility of Witnesses and Victims. ... The Circumstances Surrounding the Accusations or Arrest. ... The Possibility of a Plea Bargain. ... Current Political Pressures.Oct 10, 2018

How can charges be dropped before court date?

There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022

What factors does the prosecutor take into consideration before charging the suspect?

The decision to prosecute is based on the following factors:The sufficiency of the evidence linking the suspect to the offense.The seriousness of the offense.The size of the court's caseload.The need to conserve prosecutorial resources for more serious cases.The availability of alternatives to formal prosecution.More items...

What is the purpose of preliminary hearing?

The purpose of the preliminary hearing is to determine if the prosecutor (the district attorney) has sufficient evidence for the court to hold the defendant for trial. The key difference for the victim in a felony prosecution is that the victim usually always has to testify at the preliminary hearing.

Do felony cases go to trial?

However, even when felony prosecutions don't go to trial, they are almost always scheduled early on with a preliminary hearing. And victims almost always have to testify at preliminary hearings. There are sometimes special exceptions in the cases of child victims, and rare exceptions for adult victims.

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 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.

Is domestic violence a felony?

The case is charged as one count misdemeanor domestic violence. It should be charged as one count felony brandishing a weapon, one count misdemeanor domestic violence, and a felony threat to kill. Many times it is just that easy to see that the case is undercharged. Other times it takes more knowledge and experience.

What is the Vine program?

The VINE program is designed to provide you with quick and easy access to offender information and to assist in preparing for an offender's release. Do not depend solely on VINE or any other program for your safety.

How long does a vine call last?

If there is no answer or the line is busy, VINE will continue to call for a minimum of 24 hours. VINE will leave a message on an answering machine but will continue to call for 24 hours or until the PIN is entered.

Who is the Ohio Attorney General?

VINE is provided by Ohio Attorney General Mike DeWine' s Office, the Buckeye State Sheriff's Association, the Ohio Prosecuting Attorneys Association, the Ohio Department of Rehabilitation and Correction, and the Ohio Department of Youth Services and is funded by a Victims of Crime Act grant.

Can you update your address with the Office of Victim Services?

Yes. In order to continue receiving notification and information from the Office of Victim Services, it is important to update your address, telephone, or any other changes to your contact information.

What are the obligations of a prosecutor?

What Are The Obligations Of The Prosecutor? A prosecutor must weigh whether the evidence at hand is sufficient to convict the accused on all elements of the offense by the standard of beyond a reasonable doubt. A prosecutor is also presumably obligated to pursue justice and the truth without influence from the victim, media or community. ...

What is a police report?

Police reports are prepared by the arresting officer with input from other officers participating in the arrest and investigation and approved by a superior. Because these officers are usually the first responders, the report can include the sights, sounds, smells, stains and the demeanor of the victim, accused and witnesses.

J. Denise Carter

You should make youR wishes known, however it is entirely up to the prosecutor whether to pursue the case. You have no way to force the dismissal. Letting your wishes known is often taken into consideration and could have the desired result. Good luck#N#More

John Schleiffarth

Generally speaking, if the victim of a crime does not wish the prosecutor to press charges, the victim should let the prosecutor know. An "Affidavit of Non-Prosecution" may be submitted. It is a sworn statement saying you don't want charges pursued.#N#The prosecutor may still pursue the charge, but they are must more likely to be...

Tony Anthony

In most jurisdictions, victims of criminal acts are granted varying rights and privileges. Usually, a prosecutor is at least willing to listen to what the alleged victim has to say regarding a case.

What is a plea agreement?

A plea agreement must be approved by the court. In rare situations, a judge will reject an agreement made by a prosecutor and defense attorney requiring a renegotiation of the plea. The Plea Must Be Voluntary.

What are the rights of a jury?

Right to a trial by jury of 12 persons who must find you guilty by a unanimous verdict 1. Right to present your own witnesses and evidence. Right to remain silent and to not testify or offer any evidence. Understanding of the immigration consequences if you are not a US citizen or of other constitutional rights.

What is plea bargain?

The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre.

What is a plea of Nolo contendre?

A plea of nolo contendre is a guilty plea. Its effect is in civil cases where a victim may elect to sue the defendant for civil damages by not allowing the plea in the criminal case to be evidence of an admission of guilt to the underlying charge. About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in ...

Do judges get involved in the plea process?

Judges get involved in the plea process as well. By meeting in chambers with the prosecution and defense attorneys who may be entrenched in their positions, the judge will generally assess the evidence against you and whatever defenses are available.