At the scene of the crime - When the police are called to a crime an investigation is conducted. The responding officer gathers evidence that may include:

• Fingerprints
• Photographs
• Diagrams
• Items of Property
• Statements of the Victim and any Witnesses

Once the evidence is gathered, the officer evaluates the evidence to determine whether or not it is appropriate to proceed with an arrest. In many cases an arrest is made while the officer is on scene. In other cases the officer may choose to seek an arrest warrant for the suspect and return at a later date to make an arrest.

The Police Report - In both cases there are many things that occur before the case makes its way into the courtroom. The first step in the process is with the investigating officer(s) police report.

The report details the facts of the offense and describes how the evidence shows who the suspect is, and how they are responsible for the commission of the alleged crime. The next step is a review of that report by the officer's supervisor. If the supervisor concurs with the officer the report is approved and sent to the court liaison for processing. The court liaison conducts a second review of the report before forwarding the report to the district attorney.

In the review process, the supervisors may ask the officer to conduct additional investigation, gather additional evidence or make corrections to the report. Most reports do not require additional work but in those cases that do, the report is repaired or the additional work is completed and then forwarded to the district attorney.

The District Attorney's Office - The police officer has the burden of determining whether or not "probable cause" exists to make an arrest. It simply means that a reasonable person would conclude the accused committed the alleged crime and should be brought before the court. The district attorney has the burden of making to determination whether or not the accused is guilty beyond a reasonable doubt.

Occasionally the police will make an arrest but the district attorney concludes there is not enough evidence to meet the higher standard of proof beyond any reasonable doubt, so the case is not formally charged. In those cases the law enforcement agency has an opportunity to conduct additional investigation and gathers more evidence. If successful the case can be re-submitted to the district attorney. Once the case is charged by the district attorney and a formal "complaint" is filed, the accused, now a defendant, is brought before the court.

The Courts - The first proceeding before the court is called the arraignment. The complaint is read to the defendant, bail is set and the next hearing is set. Sometime after the arraignment, victims and witnesses may be called to testify in a hearing or trial. Subpoenas will be issued by the district attorney's office. A subpoena requires the person served to come before the court on the date and time specified. In all cases a representative from the district attorney's office discusses the case with the witness prior to testimony.

If the defendant is found guilty, the trial will proceed to the sentancing phase. During this phase, a report is made to the Court by the Probation Department about the defendants character and the circumstances of thier involvement in the crime. This report also includes a recommendation for sentancing. In most cases, the victim of a crime will never see this report. However, your voice may be heard. Speak to the District Attorney and ask that your input be given consideration. You may be asked to speak before the judge to tell him in your own words what the effect of the defendant's actions has been on your life.