| Q: What is a preliminary hearing? |
| Q: What is an arraignment? |
| Q: What is the Brown Act? |
| Q: What is the Fair Political Practices Commission? |
| Q: What is the fax number for the Public Affairs Unit? |
| Q: What is the maximum sentence the defendant can receive in my case? |
| Q: What should I do if I am a victim of a companys unlawful/unfair/fraudulent business practices or deceptive/untrue/misleading advertising? |
| Q: What should I do if I am a victim of immigration fraud? |
| Q: What should I do if I am a victim of sexual assault? |
| Q: What should I do if I received a notice of code violation or letter from the District Attorneys Office? |
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| Q: What is a preliminary hearing? |
A: The preliminary hearing, also called a probable cause hearing, is where the judge hears the case to determine if there is enough evidence to hold the defendant to answer to the charge(s) in Superior Court. Usually, only part of the evidence is presented at this time. If the judge finds there is probable cause that the defendant committed the crimes as charged in the complaint, the defendant is bound over for trial. If the judge decides there is not probable cause that the defendant committed the crime, the charge may be dismissed.
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| Q: What is an arraignment? |
A: An arraignment is the initial appearance where the defendant enters a plea of guilty or not guilty. At arraignment, the defendant is advised of his or her crime and his or her constitutional rights such as a jury or court trial, appointed attorney, presumption of innocence, etc.
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| Q: What is the Brown Act? |
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A: The Brown Act (Government Code §§ 54950-54962) governs meeting access for local public bodies. It states that meetings of public bodies must be "open and public," actions may not be secret, and action taken in violation of open meetings laws may be voided. (§§ 54953(a), 54953(c), 54960.1(d)). Here are some recent findings made by the District Attorney:
Revised Brown Act Report
Investigation into Allegations of Violations of the Brown Act by the Board of Directors - CUSD
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| Q: What is the Fair Political Practices Commission? |
A: The FPPC investigates alleged violations of the Political Reform Act, imposes penalties when appropriate, and assists state and local agencies in developing and enforcing conflict-of-interest codes.
The FPPC regulates:
- campaign financing and spending
- financial conflicts of interest
- lobbyist registration and reporting
- post-governmental employment
- mass mailings at public expense; amd
- gifts and honoraria given to public officials and candidates.
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| Q: What is the fax number for the Public Affairs Unit? |
| A: The fax number for Public Affairs is (714) 347-8689. |
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| Q: What is the maximum sentence the defendant can receive in my case? |
| A: In most cases, the judge has wide discretion to impose a fair sentence on the defendant, up to the maximum available exposure for a defendant's conviction. The maximum sentence available will depend on the type and number of charges or counts filed by the District Attorney. Most misdemeanor charges carry a maximum jail sentence of either six months or one year, and/or a fine of $1,000. Most felony charges carry a maximum prison sentence of three years per count, though serious or violent felonies have a much longer maximum sentence. |
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| Q: What should I do if I am a victim of a companys unlawful/unfair/fraudulent business practices or deceptive/untrue/misleading advertising? |
A: You should contact your local law enforcement agency to report a crime or contact the appropriate regulatory agency. Find the right agency on the Resources Page that may help you with your situation. Generally, the appropriate law enforcement or regulatory agency investigates crimes and/or complaints and then presents a case to the Office of the District Attorney for filing.
After contacting the appropriate agency, you may also file a complaint with the Office of the District Attorney. First click on and read Procedure for filing a consumer complaint. Then click on and print out the form Consumer complaint and mail your original signed form to the Office. You may also call the Office and we will send you the form: (714) 648-3600.
Complaints of false advertising, deceptive business practices, and unfair competition will generally be reviewed by the Consumer Protection Unit of the District Attorneys Office to determine if government action is appropriate. However, because of the large number of such complaints, action can only be taken when the harm from these practices is great and involves a large number of consumers or businesses. In cases where these criteria are not met, we often keep the complaint as part of our information files. If the problem warrants action in the future, the complaint will form part of the basis for that action. Generally, the Office does not handle one-on-one business transaction complaints.
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| Q: What should I do if I am a victim of immigration fraud? |
A: You should first report the crime to your local law enforcement agency, which generally will investigate and submit the case to the Orange County District Attorney's Office for review for criminal filing.
You may also report the crime to the Orange County District Attorneys Consumer and Environmental Protection Unit directly at:
Your complaint will be reviewed and investigated to determine if prosecution is warranted. Immigration fraud is a serious and prevalent crime among the immigrant population in Orange County and the perpetrators often prey upon those who do not have substantial resources.
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| Q: What should I do if I am a victim of sexual assault? |
| A: If this is an emergency situation and you are in imminent harm, dial 911. If you are not in imminent harm, you are encouraged to contact the police agency where the acts occured. If you have moved out of county and it is not feasible for you to make the initial report to an Orange County police agency, you are encouraged to go to your local police department and ask them to take a courtesy report and notify their counterpart Orange County agency with jurisdiction. Many first responders in the case of child victims are a school counselor or police resource officer. The school districts encourage child victims and witnesses to report to school authorities. |
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| Q: What should I do if I received a notice of code violation or letter from the District Attorneys Office? |
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A: Code enforcement officials can explain the alleged violations, discuss resolution options, and work with you in obtaining necessary permits and scheduling compliance inspections. Likewise, the OCDA usually seeks voluntary resolution wherever possible and initiates court proceedings only in the most serious cases or where timely compliance is not forthcoming.
In most cases, all you have to do is obtain necessary permits and correct the illegal condition and/or contact your assigned code enforcement officer to discuss resolution of your case. Persons who do not respond to code enforcement notices may be subject to civil fines, legal actions, and/or referred to the District Attorney for prosecution. If the District Attorney is unable to resolve matters and decides to proceed with a criminal case, criminal charges may be filed on the property owner, manager, tenant, or other responsible party.
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