Testifying in Court

Testifying in Court

INTRODUCTION

As a victim or witness to a crime, your help is vital to our system of criminal justice. Without such cooperation, Our system cannot function efficiently and guarantee a fair trial based on the full presentation of all the facts. The process of justice takes time, so your patience and commitment are also essential. That’s why the District Attorney’s Office has a special Victim/Witness Assistance Program to aid you. The following Information will explain what happens in bringing a case to trial so that you may better understand the proceedings and inconveniences that may occur in the case involving you. Remember, it’s very important to keep the District Attorney’s Office informed of your current address and phone number so you can be contacted about a pending case. If you move or are temporarily available at a new location or phone, please notify the Victim / Witness Assistance Program immediately.

SUBPOENA

A subpoena is a court Order directing you to be present at the time and place stated. You may receive your subpoena in person or by mail. After receipt of the subpoena, contact the District Attorney’s Victim/Witness Assistance Program. Court hearings do not always take place at the precise time scheduled. Calendar conflicts, the unavailability of an essential witness, or a legal motion may cause your case to be delayed or "continued." Whenever possible, arrangements will be made to place you "on-call" or telephone standby." This means that you may continue your normal daily business, but you must be able to come to court immediately when called by the District Attorney’s Office. Your subpoena will indicate the type of hearing at which you will be appearing. Don't forget to bring your subpoena with you to court.

PRELIMINARY HEARING

In felony cases, your first appearance will be for the preliminary examination. This is not a trial, but a hearing at which a judge listens to the evidence of the crime and determines whether it is sufficient to require the defendant to stand trial in Superior Court. Normally, just enough evidence is presented to "hold the defendant to answer" in Superior Court. Witnesses are subpoenaed to testify at these hearings. No jurors will be present, since the judge alone decides if the defendant should be required to stand trial on the charges.

FELONY TRIAL

The trial of a felony case will generally occur 45 days or more after the preliminary hearing. California law requires that a defendant with a felony be brought to trial within 60 days of the filing of the Information or Indictment in

Superior Court, unless that right is waived by the accused. Thus, in some cases this time could extend to several months. Witnesses must also testify at trial, even though they were thoroughly questioned at the preliminary hearing. In some cases, a trial will not be held because the defendant pleads guilty. When this happens, you will be notified that your testimony will not be required, and you will be released from your obligation under the subpoena to come to court.

MISDEMEANOR TRIAL

In misdemeanor cases, there is no preliminary hearing. Your first appearance at court will be the actual trail. Therefore, your testimony will be required only once.

YOUR TESTIMONY

In your appearance as a witness, you will be called by a Deputy District Attorney to testify regarding what you saw, heard or did which may be relevant to the charges against the defendant. After the District Attorney has asked questions, the defense attorney has the right to test your memory of the facts, or "cross examine" you. You may be excluded from the court room when other witnesses are testifying. This is to ensure that the testimony or memory of one witness does not influence the testimony of another.

DEFENSE ATTORNEY

Witnesses are sometimes requested by the defense attorneys to give interviews so that the defendant and his attorney know what the evidence in the case will be. If you receive such a request you may discuss it with the Deputy District Attorney responsible for your case. There are no laws or rules prohibiting you from telling the defendant’s attorney your testimony before you take the stand. This is your decision and you should not feel pressured to speak or not to speak to anyone about the case. If you choose to speak to the defense attorney, you

may wish to have an additional person present or a tape recording made to avoid later misunderstandings and misquotations.

VERDICT

You may wait to see the verdict in your case after all testimony is completed, or you will be notified of the outcome of all felony cases by letter. To find out the result of a misdemeanor case, please call the District Attorney’ Office.

AFTER THE TRIAL

The defendant will be found either guilty or not guilty of the crime. If the jury cannot reach a verdict, a mistrial will be declared and there may be a new trial. If the accused is found guilty, a date will be set for sentencing, usually 28 days after the verdict. Before sentence is imposed, if you are the victim, you have a right to appear at

the sentencing hearing to express your views to the judge or you can do so in written form to the Court or Probation Department.

The Judge may impose one or more of the following sentences:

State Prison

County Jail

Probation

Fine

Restitution

Recognizing Potential Shoplifters

1. Watch the customer who is more interested in watching the sales clerks than looking at the merchandise - eye contact, is it frequent?

2. Watch for youths entering in groups of two or more.

3. Watch for the customer entering with large purses, shopping bags, open packages, news papers, etc.

4. Watch for the customer wearing bulky clothing or unseasonable clothing.

5. Watch for the customer who is "just looking" or loitering. This person usually refuses any offer of assistance and makes no attempt to buy.

6. Watch for the customer carrying merchandise to the "hidden areas" of the store.

Deterrence to Shoplifting

1. Reposition frequently stolen items to better viewing areas.

2. Keep areas neat and clean.

3. Most Important - for employees to make eye contact and if possible verbal acknowledgment with every customer who enters the store. Usually this will force eye contact on the part of the shoplifter and this provides a psychological deterrent to him.

Legal Definitions

1. 484 / 488 PC - theft of property $399.00 or less. Misdemeanor A. Crime must be seen by clerk B. Thief does not have to exit store to effect an arrest.

2. 487 PC - Grand theft of property over $400.00. Felony A. Reasonable Cause to believe that a theft has occurred and the person to be stopped is the one who took it.

3. 666 PC - Petty theft with a prior conviction. Felony

4. 459 PC - Burglary. Suspect entered the store to commit a crime (ie shoplifting)

Responding to Shoplifting

1. Call Asset Protection at #_ _ _ _.

2. Citizen Arrest - you must be trained on points of the law and liabilities.

3. Remember this is a property crime DON'T risk injury attempting to detain a shoplifter.

Asset Protection Restitution Letter

RE: Unlawful Taking of Merchandise

Our records show that on the above date at this store, you an adult/ emancipated minor, took possession of the merchandise indicated below, without the consent of the store, and further, without paying for that merchandise. California Law (Penal Code Section 490.5 (C) Subjects an adult/ emancipated minor who has unlawfully taken merchandise from a merchant 's premise to civil liability. That liability includes : A. The retail value of this merchandise if not recovered in a merchantable condition. B. Damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500) ; C. Cost of litigation.

In order to eliminate additional time and expense to you, a demand is hereby made upon you for the following amount:

A. Retail value of merchandise (if not saleable) $___________

B. Damages under P.C. 490.5 (C) ($50-$500) $___________

C. You are hereby ordered to pay this amount $___________

Payment of the above amount will avoid incurring the additional cost of a civil law suit.

Payment of the total amount demanded should be made by money order, certified or cashier's check payable to Asset Protection and sent to the above address with an attached copy of this letter. In the event you fail to comply with this demand within 14 days from receipt of this letter, we have the recourse to file a civil action in the appropriate court of law and request a hold be placed on your University records until this case is adjudicated.

You should be aware that these damages are allowed by law as civil action, and are not in lieu of criminal prosecution that may be imposed by local authorities or University disciplinary action that may be imposed by the Dean of Students.

490.5 (C) Petty theft of retail merchandise of library materials ; punishment ; civil liability ; detention: When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility , the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500) , plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise **** If it is not recovered in merchantable condition , or to a library facility for the fair market value of its book or other library materials **** An action for recovery of damages, pursuant to this subdivision , may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.

Any questions in regards to this matter should be addressed to me at the above address or you may phone at ___-___-____ between 8AM and 4PM weekdays.

Respectfully,

Asset Protection Manager

Asset Protection Restitution Program

The restitution you are being charged is a civil demand to off set the costs incurred in your detention. The following is a brief description of what is involved in a detention.

Theft or Burglary

payroll incurred time watching subject on CCTV contact subject and detain interview report and narrative police involvement, arrest form and copies of reports make evidence tape book evidence restitution paperwork and mailing computer entries equipment (initial costs, maintenance, wear) training legal up dates film and supplies

Restitution amount

$200.- 484PC misdemeanor theft

$250.- 487PC / 459PC felony $400.- with prior theft or burglary arrest $500.- strong evidence of felony intent

Asset Protection Mission Statement

1. The Asset Protection Unit goal is to provide a safe environment for employees as well as protecting the Bookstore's assets. To help achieve these goals cameras cover the store 24 hours a day. These cameras are monitored by A/P personnel.

2. A/P needs your help - loss prevention is everybody's responsibility.

3. 85 - 90 % of all potential shoplifters will leave the store if greeted.

4. Customer service is the key.

5. What a shoplifter looks like. (the eyes are the indicator)

6. Procedure (selection, leaves store with out paying, apprehension, interview, & police involvement)

7. Warning vs. arrest

8. Consequences: misdemeanor - $ 399. or less with no intent felony - over $400. or with intent (burglary) criminal record for life, probation, petty theft with a prior.

9. If you see a shoplifter or see a suspicious customer call A/P at 7777. We would rather you call us and we find there is not problem, than not call and we find there is a problem. Remember we are here to assist you.

10. Liability issues: call A/P and let us handle any problems that come up. Shoplifting is property crime do not risk injury or possible civil action.

11. Safety issues a. location of the safety bulletin board b. location of fire extinguishers and fire pulls c. evacuation procedures: clear department of customers, exit points, meeting area d. location of UCen Emergency Procedures e. location of Health and Safety binder and Material Safety Data sheets

12 Programs: a. personal awareness and safety, self defense, drug awareness, rape / date rape prevention, etc. b. Tips on e-mail

13. Remember we work as a team. Feel free to stop by and see our equipment or if you have any questions or suggestions.