How
does a complaint become a criminal case?
Local law enforcement officers investigate a case and, if
they feel there is sufficient evidence, the application for
warrant is sent to the Prosecuting Attorney's office. If
after reviewing the facts, the prosecutor feels that a
person should be charged with a crime, a complaint and an
arrest warrant are prepared and the judicial cycle begins.
The complaint is not a formal charge and in felony cases the
defendant is entitled to a preliminary hearing before he/she
is formally charged and becomes subject to trial. Since we
do not currently have a grand jury in Jefferson County, the
next step in which you may be involved is the preliminary
hearing.
What is a
preliminary hearing?
A preliminary hearing is held in an Associate Circuit Court.
The defendant, his/her attorney and any pertinent witnesses
will be present along with an assistant prosecuting
attorney. A hearing will be held, unless waived (allowed to
continue to the next step without requiring a hearing) by
the defendant, and if sufficient evidence is presented the
case proceeds to the Circuit Court for further legal
proceedings. This does not mean the defendant is legally
guilty. It means that they are now formally charged.
What happens in a trial?
In
a trial, the attorney from the Prosecuting Attorney's office
presents the case for the state and has the burden of
proving "beyond a reasonable doubt" that the defendant did
commit the alleged crime. The defendant may present
evidence, although he/she has no obligation to do so.
Furthermore, the defendant may not be compelled to testify.
He/she will, however, be present throughout the proceeding.
The trial may be either before a judge or before a jury.
What if I change my mind about prosecuting or testifying?
A crime committed against any person is a crime committed
against the state. Our community and each of us as
individuals deserve protection against criminal wrongdoers.
For this reason, the court can compel testimony of a victim
or witness to a crime. A great deal of work and money will
be wasted if a victim or witness does not testify. The loss
of a case, simply because a victim or witness drops out, is
a tragedy. Should you have any reluctance about testifying
in a case, please discuss your concern with the
victim/witness coordinator or the assistant prosecutor
handling the case. They will try to help with any problems,
doubts or questions you may have
Can
I be compensated for losses I have suffered as a victim?
Your insurance company may provide coverage for
your personal injury or property loss due to a crime. If
your report of a crime results in the offender being placed
on probation, the court may order the offender to make
restitution to pay for the cost of your injuries, damages or
loss. However, restitution cannot be guaranteed and may not
be possible under some circumstances. The Crime Victims'
Compensation Fund may cover certain out of pocket losses as
a result of personal injury or death. You may also consider
pursuing a civil suit to recover damages
