Welcome to the Orange County DA Office

Once the investigation is complete, the police agency forwards their written reports to the District Attorney’s Office for review.

Upon receiving the completed police reports, the case is reviewed by a deputy district attorney. The deputy district attorney will thoroughly review the reports and the defendant’s criminal or traffic record and decide what, if any, charges may be filed against the defendant. In certain felony cases, a “vertical” prosecutor may be assigned to the case. The vertical prosecutor will be assigned to the case from filing to sentencing. Occasionally, the deputy district attorney may send the case back to the police agency for further investigation. The deputy district attorney may request that the police agency obtain additional witness statements, collect additional evidence, etc. Sometimes the case may be submitted to an investigator in the District Attorney’s Office for further investigation.

If the defendant is arrested (and does not immediately post bail) rather than cited for the offense, the District Attorney’s Office must file charges within 48 hours, excluding weekends and holidays.

The deputy district attorney can file a charge if he or she reasonably believes the charge can be proven beyond a reasonable doubt at trial with the information known at that time.

The charging document that includes all of the offenses for which the defendant is charged is called the “complaint.” The complaint is then filed with the court.

In limited cases, the deputy district attorney may present witnesses and evidence to the grand jury which may issue an “indictment.” The court will find a “true bill” and the case is filed.