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Common Questions Asked of the District Attorney

Q: Can I report a crime to the DA's Office?
A: In most cases, crimes must be reported to the police department or other law enforcement agency that has jurisdiction over the city or county area where the crime occurred. For example, if the crime occurred in the City of Riverside, it should be reported to the Riverside Police Department. If it has occurred in a County area that doesn't have a police department, the crime should be reported to the Riverside County Sheriff's Department.

However there are some exceptions. Crimes involving consumer fraud, environmental crimes, or those involving misconduct of public officials may be reported to the District Attorney's Special Prosecutions Unit at (951) 955-5491.

Questions about bad checks should be directed to 1-800-584-3201.

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Q: I am the victim in a domestic violence case and I want to drop charges. Can I do that?
A: Many people incorrectly believe that a victim has the power to "press charges" against the abuser, or to later "drop the charges." All crimes are offenses against the community, not just the individual victim. All criminal complaints are prosecuted on behalf of the State of California, not the individual who called the police nor the person who may have been personally harmed by the defendant's conduct.

ONLY the prosecutor can issue or dismiss charges. This is important because it takes the responsibility for prosecuting the abuser off the victim's shoulders and puts it on the prosecutor's, where it legally belongs. It also means that the defendant cannot "pressure" the victim into dropping the charges.

Although the decision whether to prosecute or not prosecute is ultimately up to the prosecutor, the victim's opinion is important, and the prosecutor will take those wishes into account when making his or her decisions regarding the case. A variety of factors are taken into consideration when deciding whether to honor a complainant's request not to proceed with a prosecution. These include the nature and extent of the defendant's prior criminal history, the severity of the alleged crime, whether the defendant has other pending charges in the criminal justice system, and future danger to the community (including to the current victim).

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Q: I was the victim of a violent crime. Will the District Attorney's Office pay for my hospital bill and my lost wages or help me collect for pain and suffering?
A: No. However the California Crime Victim's Compensation Fund may be able to help you with un-reimbursed medical expenses and lost income. You can contact the Government Claims Board at 1-800-777-9229. Or, you may call the District Attorney's Division of Victim Services in Riverside at (951) 955-5450, in Indio at (760) 863-8408, or in Murrieta at (951) 304-5500.

With regard to compensation for pain and suffering, you may need to contact a private attorney.

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Q: I want to file a complaint about a police officer (or sheriff). Can the district attorney help me?
A: No. You'll need to report the matter to the officer's employing agency. That agency is required by law to receive a complaint, investigate the matter, and respond back to the complaining party.

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Q: I have a complaint against your office. How do I contact you and will you respond?
A: Write to me at the District Attorney's Office. I assure you that I, or someone in authority, will contact you in writing, by telephone, or schedule an appointment.

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Q: I think someone is using my credit cards (or has stolen my driver's license). Can the DA help me?
A: If you are a victim of identity theft, you may call the District Attorney's Cyber Crime Unit (CATCH) at (951) 774-3088. Or, you may call the California Department of Justice Identity Theft Registry (1-888-880-0240) or the Identify Theft Resource Center (1-858-693-7935).

You may log on to www.consumer.gov/idtheft. (On this web site you may obtain a copy of the standard affidavit form for reporting identity theft to creditors; you can report the crime to the Federal Trade Commission's "Consumer Sentinel," and you can obtain a copy of "When Bad Things Happen to Your Good Name.")

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Q: If I get a subpoena do I have to go to court?
A: Yes, you must go to court. If you fail to do so, the judge may impose a fine or a jail sentence. (Be sure to bring your subpoena with you to court.)

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Q: Why am I a witness? I didn't see the crime happen.
A: Witnesses are not limited to "eye witnesses." You may not have seen the crime happen but you may know something about it. You may also know something about a piece of evidence, or you may know something that contradicts another witness's testimony. If you wonder "why" you are testifying in a particular case, ask the prosecutor who is handling it. There is probably a common-sense reason.

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Q: As a witness, do I have to talk in front of the defendant in court?
A: Yes. The defendant must be present in court to hear what all the witnesses say about him/her. The lawyer for the defendant is called the defense attorney and will ask you questions after the prosecutor does.

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Q: Is the district attorney my attorney or do I need to get my own attorney?
A: The district attorney represents the People of the State of California in criminal court. The district attorney does not have authority to prosecute civil cases on behalf of individual citizens.

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Q: If I miss work to testify, will the district attorney pay for my loss in wages?
A: No. Witnesses must go to court to testify about matters that they have knowledge of. It is a civic duty imposed upon all citizens in order to insure a just and fair judicial system.

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Q: Where is the court?
A: Courts are located in several cities throughout the county.

In Riverside:
The Hall of Justice (criminal cases)
4100 Main Street

The Historic Courthouse (civil cases)
4050 Main Street

Family Law Court
4175 Main Street

Juvenile Court
9991 County Farm Road

In Indio:
Larson Justice Center
46-200 Oasis Street

In Southwest:
The Southwest Justice Center
30755-D Auld Road

In Banning:
County Administrative Center
155 E. Hays Street

In Blythe:
265 N. Spring Street

In Moreno Valley:
13800 Heacock

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Q: Who decides what charges to file, and how do they make that decision?
A: A deputy district attorney reviews cases brought to the District Attorney's Office by local law enforcement agencies. The attorney reviews the reports in light of current law to decide the appropriate filing decisions.

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Q: What is plea bargaining? And do I as a victim have anything to say about it?
A: There are not enough prosecutors, judges, or courtrooms to try before a jury, all the thousands of cases filed each year in Riverside County. For those defendants taken to trial, or for those who plead guilty before a trial, there are not enough jail cells in the state to hold them. These practical demands plus the defendant's right to a speedy trial, the seriousness of the cases, the strengths or weaknesses of cases, the victim's wishes, public safety, punishment, rehabilitation, and deterrence are all interests that are considered by the prosecutor when deciding how to proceed. A plea agreement is always designed to balance these competing interests. Most cases are resolved in a relatively short time by the defendant's plea - many times a plea to the charged offense.

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Q: I was the victim of a crime. Can you tell me the name of the defendant and the defendant's next court date?
A: The DA's Office can provide you with the name of the defendant and the next court date if we have filed charges against the defendant. To obtain this information, call the DA's municipal court branch office located in the judicial district where the crime occurred. Or you may call the Division of Victim Services in Riverside at (951) 955-5450, in Indio at (760) 863-8408, or in Murrieta at (951) 304-5500.

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Q: In court the judge ordered the defendant to pay restitution to me. But so far I haven't received anything. Who can help me?
A: You may call the Probation Department in Riverside at (951) 955-2810. Or you may contact the District Attorney's Division of Victim Services in Riverside at 4075 Main Street (951/955-5450), in Indio at 82-675 Hwy 111, 4th Floor (760/863-8408), or in Murrieta at 30755-D Auld Road, 3rd floor (951/304-5500).

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Q: I think I've been cheated by a contractor, tradesman, shopkeeper, other person who provides labor or services. Can the DA's Office help me?
A: The DA's Special Prosecutions Unit may be able to help (951/955-5491). The staff there may refer you to an agency that can help you. Or you can call one of these agencies: The Contractor's State Licensing Board (1-800-321-2752); the Department of Consumer Affairs (1-800-344-9940); the Better Business Bureau (909/835-6064); or, if it applies, the Bureau of Automotive Repair (951/782-4250).

The Riverside County Department of Community Action, Alternative Dispute Resolution (951/955-4903) mediates disputes in the following areas: landlord/tenant, harassment, neighbor disputes, small claims, employment, domestic, consumer/business, and senior issues.

The Small Claims Advisor can be reached at (951) 413-5353.

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Q: I am a merchant. Can the DA's Office help me collect on a bad check?
A: The district attorney's Bad-Check Restitution Program may be able to help you. Call: 1-800-584-3201.

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Q: I want a divorce. (Or, I want to sue someone. Or, I want to adopt a child.) Can the DA's Office help me?
A: No. The District Attorney's Office cannot provide legal advice or take legal action in such matters. You should consult with your lawyer.

If you do not have a lawyer, you can call Legal Aid, Inland Counties Legal Services at (951) 683-7108. Or you can call the Riverside County Bar Association's Lawyer Referral Service in Riverside at (951) 682-7520 or the Desert Bar Association in Palm Desert at (760) 568-5555.

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Q: I want a restraining order to keep my husband/wife, boyfriend/girlfriend, or other person away from me. Will the DA's Office do this for me?
A: No. But a private attorney may be able to help you. If you do not have a lawyer, you can call the Riverside County Bar Association's Lawyer Referral Service at (951) 682-7520 or the Desert Bar Association in Palm Desert at (760) 568-5555 for direction in how to do it yourself.

For information and assistance, you can also contact Shelter From the Storm (1-800-328-SAFE) or the District Attorney's Division of Victim Services in Riverside at (951) 955-5450, in Indio at (760) 863-8408, or in Murrieta at (951) 304-5500.

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Q: I need child support. Can you help me?
A: Even though some agencies (like the Department of Motor Vehicles or the Department of Public Social Services) may refer you to the DA's Office for answers or help with child support, the district attorney no longer manages this service.

The Department of Child Support Services (DCSS) handles child/family support issues. You can visit the DCSS Website, or call DCSS in Riverside at (951) 955-4100 and in Indio at (760) 863-7100.

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Q: I was cited and released by the police. Can you tell me if the DA has filed charges against me?
A: To find out whether charges have been filed against you, only you (as the suspect) or your attorney may find that out by calling the District Attorney's Office in Riverside at (951) 955-5400, in Indio at (760) 863-8216, or in Murrieta at (951) 304-5400.

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Q: Can I talk to Rod Pacheco? I think he's the person who is working on my case.
A: Mr. Pacheco is the district attorney of Riverside County, and, as such, his name appears on most court documents and office correspondence just above the name of the prosecutor who prepared the document. Therefore the person who is working on your case is most likely the person who actually signed the court document or the office correspondence. Please call our offices in Riverside at (951) 955-5400, in Indio at (760) 863-8216, or in Murrieta at (951) 304-5400 to talk with the prosecutor handling your case or to arrange a meeting. If you still have questions or concerns, you may request an appointment with Mr. Pacheco.

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Q: What is an arraignment?
A: The arraignment is a hearing in court in which the defendant is formally charged with an offense, given a copy of the complaint, and informed of his/her constitutional rights. The defendant enters a plea of "guilty" or "not guilty" at this hearing.

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Q: What is an FSC (Felony Settlement Conference)?
A: An FSC takes place before the preliminary hearing. It is an informal discussion between the prosecution and the defense attorneys in front of the judge in which they exchange information and try to negotiate a resolution to the case. Sometimes more than one FSC occurs before the preliminary hearing.

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Q: What is a preliminary hearing?
A: The preliminary hearing is not a trial. It is a hearing in court at which witnesses testify and the judge decides if there is enough evidence to require the defendant to stand trial. The jury is not present; the judge alone makes the decision.

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Q: What is a TRC (Trial Readiness Conference)?
A: A TRC takes place after the preliminary hearing and before the trial. This is a meeting of attorneys before a judge to inform the court as to how the case is proceeding, what documents have been shared, any settlement negotiations, probable length of trial, and other matters relevant to moving the case toward trial.

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Q: What is a TSC (Trial Status Conference)?
A: The TSC is the hearing set just prior to trial. It is the final confirmation by both sides that they are ready to go to trial within a day or two.

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Q: How can you represent criminals and help them get away with it?
A: Defense attorneys defend those who are charged with crimes. Deputy district attorneys prosecute people who they believe are guilty of a crime beyond a reasonable doubt.

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Q: What if I have a question that is not answered in your FAQ's?
A: Call or visit one of our branch offices. Our receptionists will try to help your get your answers. However, the Riverside County District Attorney's Office is not a "free legal clinic" or a clearinghouse of legal information. We cannot give legal advice on private legal issues.

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