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You are here: Protection from Abuse > Domestic Violence > Domestic Violence and the Criminal Justice System > District Attorney's Office
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What the District Attorney Can Do
Felony or Misdemeanor
Arraignment
Pretrial Conference (Misdemeanor Cases Only)
Preliminary Hearing (Felony Cases Only)
Trial
The Victim May Be a Witness
What the District Attorney Can Do
Only the district attorney (also called the "DA") can decide whether to "press" or "drop" charges. The victim of a crime can't press or drop charges.
Some counties call the district attorney a "prosecuting city attorney" or "PA." This Web site uses the term "DA" to mean both.
The DA's office will either file ("press") charges or reject the case based on the facts in the police report. If the DA's office decides to file charges, they will file either a felony charge or a misdemeanor charge.
The victim's cooperation in the case is very important. But if the victim doesn't cooperate, the DA can still prosecute the abusive person.
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Felony or Misdemeanor
A felony is more serious than a misdemeanor. A person convicted of a felony can go to prison or jail.
For a misdemeanor conviction, the maximum sentence is 1 year in jail.
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Arraignment
If the district attorney files charges, the defendant will go to court. This first time the defendant comes to court is called the "arraignment." If the defendant is taken into custody, the arraignment will happen within 48 to 72 hours. If the defendant is not in jail, the arraignment may not happen for several weeks.
At the arraignment, a judge will tell the defendant what the charges are. The judge will also ask if the defendant pleads "guilty," "not guilty," or "no contest."
If the defendant pleads "guilty" or "no contest," the judge can sentence him or her immediately. The victim has a right to be present and speak to the judge at this time.
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Pretrial Conference (Misdemeanor Cases Only)
If the defendant pleads "not guilty," the judge will set a date for a pretrial conference.
At the pretrial conference, the judge, a DA, and the defendant's lawyer will discuss the case.
The victim has the right to be present, but it's not required. If the defendant still pleads "not guilty," the judge will set a court date for trial.
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Preliminary Hearing (Felony Cases Only)
If a defendant charged with a felony pleads "not guilty," there will be a preliminary hearing so the judge can decide if the DA has enough evidence to prosecute the case against the defendant.
The victim will be asked to testify. The victim has the right to have a support person with him or her during this hearing.
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Trial
Most domestic violence cases don't go to trial. Most of the time, the defendant pleads "guilty" or "no contest."
If the defendant pleads "not guilty," there will be a trial and the DA's office must prove guilt "beyond a reasonable doubt."
The victim will be asked to testify at the trial. The victim has the right to have a support person with him or her during the trial.
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The Victim May Be a Witness
The court can require (or "subpoena") the victim to come to court. If the victim doesn't go to court as ordered, the court can put him or her in custody to make sure the victim will be in court to testify.
If the court doesn't issue a subpoena, the victim doesn't have to go to court.
The victim doesn't need a lawyer. But the victim can talk to or hire a lawyer anyway.
The victim has the right to be present in court for any case the defendant is involved in.
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Last modified: 03/17/2008
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