THE JUSTICE SYSTEM |
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THE COURT SYSTEM |
Witnesses have rights and responsibilities in the court system. The District Attorney's Office will assist witnesses with the appearance notification, explanation of court procedures, and intervention with employers. A subpoena is a witness's official notification to appear in court. It is a court order directing a witness to be present in court at a specific time and place. Failure to appear is against the law. The District Court handles serious cases (felonies) which can involve state prison sentences or death penalties. District court also handles misdemeanors, which are any crimes that are not felonies. A witness in a misdemeanor case is usually required to appear only at the trial. Witnesses in felony cases may be required to make several appearances. After the District Attorney decides to file a case, the defendant's first appearance in court is at an arraignment. At this time, a judge tells the defendant the charges against him, advises him of his rights, and appoints an attorney if he does not have one and cannot afford one. If the defendant pleads guilty, he may be sentenced. If he pleads not guilty, the case proceeds and a trial date is set. Witnesses need not be present at arraignments. In almost all felony cases, and in many misdemeanor cases, defense and prosecuting attorneys make pretrial legal motions concerning police conduct, evidence, and identification of defendants. Occasionally, witnesses may be called to testify at a motion. For trial, witnesses are required to testify. If witnesses cooperate with the instructions for the in-call system of subpoena, they will not be required to make continual appearances and will only have to appear when it is necessary to testify. Witnesses who are also victims may present their views on the crime and the defendant to the judge for consideration at the time of sentencing. This is done through either the prosecutor or the "Victim Impact Statement". |
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WITNESS INTIMIDATION |
It is a crime to prevent, or attempt to prevent, a witness from cooperating or from testifying.
Witnesses should report such actions to the investigating officer and/or prosecutor who will
provide protection and prosecute the crime. Witnesses are vital to our system of criminal justice. The District Attorney's Office has a special unit, the Victim-Witness Assistance Program, to aid witnesses. In recent years, professionals in the criminal justice system have come to recognize the need to treat witnesses properly and to assist them in dealing with the court system. As District Attorney, I am determined to see that witnesses are not mistreated by the system and that their experience with the courts is positive and rewarding. This pamphlet is designed to explain the system and to prepare witnesses for what to expect. It is part of our overall effort to make the system responsive to citizens who are witnesses of crimes. |
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ADVICE FOR WITNESSES |
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COMMON LEGAL TERMS | |
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7 TIPS FOR TESTIFYING |
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ABCs OF THE TRIAL PROCESS |
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