| Q: What are possible punishments for certain crimes? |
| Q: What does the Public Affairs Unit do? |
| Q: What happens at a pre-trial/arraignment/preliminary hearing? |
| Q: What happens to my complaint when I report a code violation? |
| Q: What happens when someone fails to correct a code violation? |
| Q: What if I cant attend court on the date stated in the subpoena? |
| Q: What if I have a question which is not answered in your FAQs? |
| Q: What is a hate crime? |
| Q: What is a hate incident? |
| Q: What is a parole hearing? |
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| Q: What are possible punishments for certain crimes? |
| A: In general, misdemeanors are punishable by a year or less incarceration in the County Jail, a $1,000 fine, or both fine and imprisonment. Felonies are punishable by incarceration in the State Prison, or a fine in excess of $1,000, or both fine and imprisonment. Depending on the seriousness of the crime, the court can sentence a defendant to any of the following: a fine, custody time in jail or state prison, CalTrans, community service, counseling, awareness classes, treatment programs, restitution, donations to the Victim/Witness Emergency Fund, informal or formal probation, and other terms and conditions of probation. |
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| Q: What does the Public Affairs Unit do? |
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A: The Public Affairs Unit (PAU) serves the public by making sure they are accurately informed of the administration of justice in Orange County. The PAU also assists law enforcement by publicizing important information to warn the public of danger and safety issues. The Unit is the first point of contact with the media for the District Attorneys Office. They handle all day-to-day media inquiries including all requests for interviews with District Attorney Tony Rackauckas, deputy district attorneys, and district attorney investigators. They also update the Cases in the News list posted on the website and issue press releases and media advisories. You can reach Public Affairs Counsel Susan Kang Schroeder at (714) 347-8408, Spokesperson Farrah Emami at (714) 347-8405, and the Public Affairs Assistants at (714) 347-8414 or (714) 347-8423.
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| Q: What happens at a pre-trial/arraignment/preliminary hearing? |
A: A pre-trial hearing is an opportunity for the prosecution, defense and judge to discuss options including setting dates for future hearings/trials or dispositions. At an arraignment, the charges against the defendant are read, a lawyer is appointed if the defendant cannot afford one, and the defendants plea is entered. During a preliminary hearing, the prosecutor presents evidence to a judge in an attempt to show there is probable cause that a defendant has committed the crime for which they are charged. If the judge is convinced that probable cause exists to charge the defendant, then the prosecution proceeds to the next phase. If not, the charges are dropped.
Anatomy of a Prosecution
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| Q: What happens to my complaint when I report a code violation? |
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A:
Citizen code violation complaints are referred to the appropriate municipality, health department, fire authority, or County code enforcement officer who will confirm whether or not a violation exists, determine the severity of the condition, and initiate a case where appropriate. In most cases where a violation is confirmed, the owner, person in possession or control, or other responsible party is notified of the violation and asked to take immediate corrective action.
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| Q: What happens when someone fails to correct a code violation? |
| A: The goal in almost every code enforcement case is voluntary compliance in the most timely and efficient manner possible. After an initial violation notice is issued, code enforcement officers will re-inspect for compliance and, where violations remain uncorrected, may issue civil citations (fines), initiate abatement of the violation at the expense of the property owner, record liens and other documents against the property, refer the matter for civil litigation, and/or request the filing of criminal charges by the OCDA which could result in the imposition of fines and/or jail
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| Q: What if I cant attend court on the date stated in the subpoena? |
A: If you have a conflict with the date on the subpoena, contact the deputy district attorney handling the case or Witness Services before the appearance date and discuss your conflict. The Witness Services telephone number will be on the subpoena. In some cases, the deputy district attorney handling the case can put you on call so that you can go to work or school on the day you are subpoenaed. You will be called at a pre-arranged telephone number an hour or so before you are needed in court.
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| Q: What if I have a question which is not answered in your FAQs? |
| A: Call or visit our office. You can locate a list of our locations and contact numbers at our Resources link. However, the Orange County District Attorneys Office is not a free legal clinic or a clearinghouse of legal information. We cannot give legal advice on private legal issues. |
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| Q: What is a hate crime? |
| A: A hate crime is any criminal act in which the perpetrator targets the victim because of the victims disability, gender, nationality, race or ethnicity, religion, and sexual orientation. California laws call for enhanced penalties for these types of crimes. Some common examples include: racist graffiti on anothers property, burning a cross on someones lawn, assault, and criminal threat. The simple fact that a perpetrator and the victim is of a different background may not necessarily mean a hate crime has been committed. |
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| Q: What is a hate incident? |
| A: A hate incident is any action that is motivated by bias but does not constitute any crime. The First Amendment protects these actions as a right to freedom of expression. This freedom, however, cannot interfere with another persons civil rights. Some common examples of hate incidents include: the distribution of non-threatening racist flyers in public, the display of non-threatening anti-gay or lesbian placards at a parade, or a letter ridiculing people with disabilities. Documented hate incidents can possibly be used to show motivation that a person goes on to commit a hate crime. |
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| Q: What is a parole hearing? |
A: A parole hearing is conducted by the California Board of Prison Terms (BPT). The purpose of a parole hearing is to determine if or when an inmate can be returned to society. Only inmates sentenced to life in prison with the possibility of parole are subject to suitability hearings by the BPT. Some life inmates are sentenced without the possibility of parole. All prison inmates in California who are not serving life sentences are released on parole after serving the sentence imposed by the court and are supervised by the California Department of Corrections.
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