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Office of the District Attorney, Tony Rackauckas, Orange County DA
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The Filing of Charges

  • Once the investigation is complete, the police agency forwards their written reports to the Orange County Probation Department.
  • The Orange County Probation Department reviews the minor’s family history, prior contacts with police, school performance reports, and other relevant information. 
  • For less serious offenses and first time juvenile offenders, the Probation Department will require the minor to complete a diversion program.  If the minor successfully completes the diversion program, then the case is not forwarded to the District Attorney’s Office for criminal charges. 
  • If, however, the minor has prior history or is not otherwise fit for a diversion program, the Probation Department forwards an “Application for Petition” to the District Attorney’s Office for filing of “criminal” charges against the minor.  Like adult cases, the District Attorney’s Office files cases that can be proved with admissible evidence beyond a reasonable doubt.   
  • Even when the evidence is sufficient, the District Attorney has the option to return the case to the probation department for informal supervision.   Under informal supervision, minors are required to exhibit good behavior for a period of approximately 6 months and a restriction of activities and community service may be imposed.
  • If the minor is arrested and taken to Juvenile Hall and a petition (like a complaint or information) is filed, the minor must be brought before a judge for a “detention hearing” within 48 hours for misdemeanors and 72 hours for felonies excluding weekends and holidays.

 


 

Office of the District Attorney. Main Office: 401 Civic Center Drive, Santa Ana, California 92701
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