How does my case get to your office for prosecution?
Law enforcement agencies present cases to the District Attorney’s Office for what is called“intake” before a complaint is filed. The law enforcement agency investigating your casewill send a case file to the District Attorney’s Office when its investigation is complete.
What do you mean when you say that a case is in intake?
A case is reviewed by an assistant district attorney who decides whether there is enoughevidence to prove beyond a reasonable doubt that a crime was committed, and that theperson who is accused actually committed the offense. Other questions will also beexplored at the time. Although some cases are refused for prosecution at this stage, mostare approved for the next step in the process just as they are received from law enforcement.A thorough intake process ensures that fewer criminals escape justice on legal technicalitieslater in the process.
How is a case processed in the District Attorney’sOffice?
At intake our secretary prepares a file of the case. The file contains information providedby the law enforcement agency investigating the case, as well as other information developedby our staff. After the file is assembled, it will be assigned to an assistant district attorney.After review, if the attorney approves the case, felony cases will be sent for review by agrand jury for consideration. Misdemeanor cases do not require grand jury review, but maybe directly filed with a court by our office for prosecution, or may be refused for prosecutionbecause the evidence is insufficient.
What is a complaint?
A complaint is a legal document that charges a specific person with the violation of a criminallaw. It must be sworn to by someone who knows the facts of the crime, either by directknowledge or through investigation. When a complaint is filed, it begins the process that willtake the case through the criminal justice system.
Questions About the Judicial Process
What is an indictment?
An indictment is the written statement of a grand jury accusing a person of some act oromission which by law is declared to be an offense.
What is Grand Jury?
Texas law requires action by a grand jury before a felony case can be filed in a districtcourt. A grand jury is a body of twelve citizens, appointed by a judge to hear evidencein felony cases brought before them by the District Attorney’s Office. If the grand jurorsdetermine that a case has enough evidence to go forward in the system, they return a“true bill of indictment”. If the do not find enough evidence they will issue “no bill”,which means the grand jury declines to file a charge. Grand jury proceedings are notopen to the public, and witnesses take an oath of secrecy before testifying. The DistrictAttorney presents cases to the grand jury and prepares indictments, but the actualdeliberations on cases are secret and only the grand jurors are present when votingtakes place. It is important to remember that a grand jury is not deciding whether acriminal defendant is “guilty” or “not guilty” and is not deciding what punishment isgiven. The grand jury decides if there is a basic level of evidence sufficient for thecase to move forward in the system, allowing the case to be filed in a district court.
What is an arraignment?
After a case has been considered by a grand jury and an indictment returned, the casewill be scheduled for an arraignment, also sometime called the “first setting”. This hearingwill be approximately two weeks or more after the indictment. The arraignment is aprocedural hearing wherein the defendant hears the formal charge against him/her whenthe district judge reads a copy of the indictment. The defendant will typically enter a pleaof not guilty at the conclusion of the arraignment and the defendant will be set for a pleaconference in about four weeks or more.
What is a plea conference?
In most cases the assistant district attorney assigned to your case will meet once or morewith the defendant and his lawyer to discuss resolution of the case. These meetings arecalled “plea conferences”, and are required by most courts. Prior to a plea conferenceour office will provide the defendant with “discovery”, which is a copy of the policereport and evidence in the case.
The purpose of the plea conference is ultimately to seek a plea agreement that is acceptableto all parties, including you as a victim. Every case is different, so you should speak to theassistant district attorney handling your case about whether a plea agreement will be soughtin your case. (See “What is a plea agreement “below).
What happens at trial?
In a trial the assistant district attorney presents the case for the State. His or her job is to provebeyond a reasonable doubt that the defendant committed the crime with which he/she hasbeen charged. The defendant may present his/her side of the case or present no case at all.The jury (if one is impaneled) or the judge must decide whether the State’s case has beenproven beyond a reasonable doubt. If the defendant is found guilty the law provides for asecond stage at trial. During this stage the defendant’s punishment will be set within arange which is set by law. The defendant is permitted to determine in advance if he/shewants the judge or jury to set punishment.
What is my role at trial?
As a victim of crime you are a witness for the State and have an important part in the trial.You will provide the jury or judge with your version of the facts of the case. Yourappearance, manner, and the truthfulness of your testimony on the witness stand are allfactors that will be considered in deciding the case. You will be questioned by theprosecution and by the attorney for the defense upon cross-examination. A pre-trialconference may be scheduled with witnesses and the assistant district attorney handlingthe case prior to the trial date.
How are witnesses called for court?
All witnesses are notified for court by subpoena about when, where, and what time toappear and what, if anything, to bring with them to court. An instruction letter is includedwith the subpoena, directing witnesses to call the secretary in the court of their case formore information on the date and time of their testimony. A subpoena is your notice to‘ your employer and/or school for your absence. Employers and school officials should bemade aware that witnesses are not allowed to leave the courthouse unless released by thejudge for the evening, from the trial completely, or the prosecution gives them specificinstructions of a time of return. A subpoena is in effect for the duration of the trial orhearing or your are released by the judge.
What should I wear to court?
Please dress neatly and conservatively. A good rule of thumb is to wear something youwould wear to church (slacks, a blouse). We suggest no t-shirts, tank tops, camisoles, or otherinappropriate dress, and we suggest that visible tattoos be covered and body piercings removed.Right or wrong, how we dress can have an impact on how jurors view our testimony.
What is a plea agreement?
The reality of limited judicial resources and thousands of pending cases means that most casesin the system will be resolved by an agreement between the state and the defense as to whatwill happen in your case. If an agreement is reached the defendant will agree to plead guilty,and the State will make a recommendation to the judge of a specific punishment, or thepunishment range may be “capped” as part of the agreement. The agreement is not bindingon the judge. The judge can reject the agreement . If the judge accepts the agreement, thedefendant will be sentenced as agreed. If the judge rejects the agreement, negotiation continues,or the case proceeds to trial. The advantages to a plea agreement are that 1) the outcome iscertain with the defendant accepting responsibility for the crime, 2) victims do not have to testifyin court, 3) the case is resolved more quickly than a trial, and 4) the defendant waives his rightto appeal, preventing years of appeals and the possibility of the defendant’s conviction beingoverturned on a technicality. By law, the decision of whether to enter into a plea agreementwith the defendant is made by the District Attorney’s Office. We make this decision taking intoconsideration your wishes, the strengths and weaknesses of the case, and several other factors.We encourage you to provide your opinion and to ask questions about your case.
What if a defense attorney contacts me about the case?
The attorney representing the defendant is entitled to contact you and ask questions to you.You are entitled to speak with him/her, or to decline to speak with him/her. No one may forceyou to speak with them about a case, unless you are served with a subpoena requiring you togive testimony. If you agree to speak to the defendant’s attorney or his/her representative,that information can be used against the case in court. You are encouraged to ensure you knowwith whom you are speaking when you are called about a case. In the past, witnesses haveunknowingly shared valuable information with representatives of criminal defendants becausethe witnesses misunderstood who the caller represented.
Why was my case reset before going to trial?
Many cases are set for trial on the same date. Judges usually hear cases in an order based onthe age of a case, with older cases given priority. Priority is also given to cases in which thedefendant is in jail. Cases may be reset for a number of reasons. Another case may be calledfor trial instead, witnesses may be unavailable, a necessary party may be sick, or there may beprocedural reasons for a delay. We encourage you to be patient, and to stay in touch with ourVictims Assistance Coordinators for updates on the status of your case.
Appeals
If the defendant has pled guilty under the terms of a plea agreement, his or her rights ofappeal are greatly reduced. If the case goes to trial and the defendant is convicted, everydefendant has the right to appeal his/her conviction. The defendant’s first appeal is o ask thejudge permission for a new trial within 30 days of the defendant’s conviction. A motion for newtrial is made on the defendant’s behalf by a defense attorney, usually the one that defended him/herat trial. This motion will be based on some alleged error made in trial. The judge will either grantor deny the motion. For those defendants sentenced to 10 years in prison or less, the defendantis entitled to a bond during the time when the appeal is pending. If your case is appealed youwill be contacted by victim services to discuss the issues.
Parole
Almost every defendant sentenced to prison will become eligible for release at some pointbefore serving the full sentence. Eligibility for parole does not guarantee that a defendantwill be granted parole. The decision as to whether a defendant is granted parole is made bya parole board in Austin. As the victim you have the right to be notified of parole hearingsand to write letters protesting the early release of the defendant. If you desire to be involvedwith the parole process, it is important that you file a Victim Impact Statement with theVictim Services Division of the District Attorney’s Office and notify parole officials of yourdesire to be notified of hearing dates.
What is Allocution?
Allocution is a statement made in court by a victim, close relative of a deceased victim, orguardian of a victim. The statement is made after the defendant is sentenced and allowsyou to state directly to the defendant how the offense had affected you and your family.The party making the statement to the defendant may not direct questions to the defendant.The court reporter does not transcribe the statement.
What is SAVNS?
Texas SAVNS, State Automated Victim Notification Service, is a free and anonymoustelephone service that gives victims of crime information and notification about offendercustody status and related court events and cases. To sign up, go to co.grayson.tx.us, find theVINElink , click on Grayson County, and follow the prompts. Complete the information tosign up to be contacted upon the defendant’s release from jail. There is a short lag timebetween the time the defendant is released and the time you will be called by the system.
