District Attorney

STEP 00 - The Crime

Every case begins with an attempted or completed crime and a call to law enforcement.  

STEP 01 - The Investigation

Local law enforcement agencies, such as the police, sheriff, or highway patrol, respond to an incident and conduct an investigation.  If the officer believes there is enough evidence to meet a standard called "probable cause," the officer will arrest the suspect or write a request for an arrest warrant. The officer also documents their investigation and the evidence in written reports.

STEP 02 - The Referral

Whether the officer arrests the suspect or requests an arrest warrant, the law enforcement agency "refers" the case to the District Attorney with recommended charges and copies of the reports. The Yuba County District Attorney receives approximately 4,000 referrals each year, ranging from petty theft to murder.

STEP 03 - The Case Review

Each case referred by a law enforcement agency is assigned to a deputy district attorney for review. The attorney reads all of the reports and analyzes what crimes may have been committed, what evidence will likely be admissible at trial, and whether there is enough admissible evidence to prove the suspect committed the crime(s) beyond a reasonable doubt.

If the attorney believes there is not enough evidence, the referred case is denied. Sometimes the referred case is "held pending," while the investigating agency looks for additional evidence. If there is enough evidence to prove the case beyond a reasonable doubt, the deputy district attorney initiates and prosecutes the criminal case against the suspect.

STEP 04 - The Prosecution

The District Attorney initiates a criminal prosecution by filing a "Complaint" with the Court. In the Complaint, the "People" accuse the "Defendant" of committing specific crimes. Once the case has been filed with the Court, the District Attorney is responsible for managing all aspects of the prosecution, including negotiating settlements with the defense, gathering additional evidence, presenting the evidence to a jury, and arguing for an appropriate sentence before the judge. The prosecution ends when either the case is dismissed or the judge sentences the defendant.