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F.A.Q.
Q: Are juvenile proceedings/records open to the public?
Q: Can a juvenile be prosecuted as an adult?
Q: Can a witness's testimony be videotapped instead of physically appearing in court?
Q: Can I report a crime to the OCDA?
Q: Can I talk to Tony Rackauckas? I think he's the person who is working on my case?
Q: Can parents be liable to pay for the damage caused by the criminal conduct of their minor?
Q: Can the courtroom be closed to the public at a victim's request?
Q: Can the OCDA give me legal advice about my case?
Q: Do I have access to the OCDA file?
Q: How can I begin receiving your press releases?
 
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Q: Are juvenile proceedings/records open to the public?
A: 

No. Jevenile proceedings are generally confidential. Orange County Juvenile Court generally limits access to juvenile court records in accordance with code and case law.

Availibility of these records is restricted to certain court personnel, the minor, parents or guardian, attorneys involved in the case, and other persons designated by the Presiding Judge of Juvenile Court.

Other interested persons and the news media may petition the Orange County Juvenile Court for access to specific juvenile court records or to attend specific court hearings.

Petitions to Inspect and Recieve copies of Juvenile Records (WIC Section 827) are available at the Juvenile Court, 341 City Drive, P.O. Box 14169, Orange, CA. 92613.

The completed petition, The Presiding Judge of Juvenille Court will either grant or deny the request. A certified copy of the petition is then returned by mail to the petitioner if the petition is granted.

Juvenile court records may not be obtained or inspected by civil or criminal subpoena.

 
Q: Can a juvenile be prosecuted as an adult?
A: Yes. Pursuant to the Welfare and Institutions code and the provisions of voter implemented Proposition 21 in 2000, certain serious violent offenders 14 years and older are prosecuted to the fullest extent of the law, including trial in the adult division of the Superior Court, carrying with it the potential of a sentence in the adult state prison system.
 
Q: Can a witness's testimony be videotapped instead of physically appearing in court?
A: Generally, no. The defendant in a criminal case has a constitutional right to "confront" and "cross-examine" witnesses testifying against him or her in person. In rare circumstances, child and elderly witnesses may be able to testify via closed-circuit television.
 
Q: Can I report a crime to the OCDA?
A: In most cases, crimes must be reported to the police department or law enforcement agency that has jurisdiction over the city or county where the crime occured. For example, if a crime occurred in Santa Ana, it should be reported to the Santa Ana Police Department. If the crime was committed in any unincorporated area of Orange County, or in an area where the Orange County Sheriff is the contracting law enforcement agency (e.g., San Clemente), the crime should be reported to the Sheriff's Department. There are, however, certain exceptions. Crimes involving consumer fraud or the unlawful discharge of hazardous materials may be reported to the OCDA's Consumer and Environmental Protection Unit. Complaints involving misconduct by public officials or voting law may be reported in writing to the OCDA's Special Prosecutions Unit. Report of misconduct on the part of law enforcement officers should be reported to the internal affairs or professional standards section of the law enforcement agency with which the officer is employed.
 
Q: Can I talk to Tony Rackauckas? I think he's the person who is working on my case?
A: Mr. Rackauckas is the elected District Attorney of Orange County and his name appears on most court documents and office correspondence above the name of the prosecuter who prepared the document. Please contact the deputy district attorney who is handling the case or a Victim/Witness Advocate.
 
Q: Can parents be liable to pay for the damage caused by the criminal conduct of their minor?
A: Yes. The law provides that the parents of minors who commit crimes may be held responsible for the cost of restitution to the victims.
 
Q: Can the courtroom be closed to the public at a victim's request?
A: In general, the law requires that courtrooms remain open to the public. In a few unique types of cases, the courtroom may be closed at the prosecutor's request with the permission of the judge.
 
Q: Can the OCDA give me legal advice about my case?
A: No. We are prohibited from giving legal advice regarding a case you have or are thinking about pursuing. A private attorney can give you legal advice. The OCDA serves as the public prosecutor, bringing criminal charges and civil law suits where the interests of the public at large are involved. Private counsel may be consulted to explore private legal remedies that might be available. In smaller matters less than $5,000, local small claims courts may also be considered. Action in these courts does not require the use of an attorney.
 
Q: Do I have access to the OCDA file?
A: District Attorney files are confidential. The criminal file in the Superior Court contains a public record.
 
Q: How can I begin receiving your press releases?
A: You can sign-up online for our E-Notifier.
 
 
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