Advocating The District Attorney Process

Domestic violence victims should know and understand how to advocate the District Attorney Process.

Prior to arraignment, the victim should tell the Deputy District Attorney (DDA) prosecuting their case that they want a criminal protective order even if the defendant is in custody. (Perpetrators often will call the victim from jail to intimidate them, or try to talk them out of testifying.) A criminal protective order is like a restraining order only better. Get a copy of the order before you leave the courthouse that day.

Report every single violation of the criminal protective order, including threats by the defendant or a third party, to police and the DDA. (Also report the violations to jail officials if the perpetrator is in custody.)

As soon as the case is assigned to a DDA, the victim should write a letter stating they wants to prosecute; they want to testify; they don't want a plea bargain; and they want to be consulted in advance of any deal offers being made to the defendant. Keep multiple copies of this letter.

During the District Attorney Process the victim should always have a meeting with the DDA at least one day prior to testifying in any court proceeding to make sure the prosecutor knows the facts of the case and to go over their testimony. This is to help the victim avoid being put on the stand without any preparation by the D.A.'s office. Often the DDA will set the meeting for the day of the hearing, then be delayed and have no time to meet.

During the District Attorney Process never meet with the prosecutor alone; always take an advocate, or support person as a witness. DDA's often get the victim alone to either give them false information, or pressure them to make a decision. The victim needs someone with them who understands the system and can fight for their rights.

Before testifying, the victim should read over their police reports and any other statements they have made to police, or at the preliminary hearing, in order to refresh their recollection.

During the District Attorney Process keep in close contact with the D.A.'s office regarding hearings and court dates; otherwise things can happen without your knowledge that later can't be undone (like plea bargains).

Watch out for plea bargain tricks!

During the District Attorney Process the victim should take their time making decisions. If, for example, the DDA calls about a plea bargain they want to offer the defendant, the victim should not make a decision on the spot, but tell them the victim wants to think about it and will get back to them. Then the victim should get their advocate on the phone and talk it over. Once a deal is offered and accepted, it can't be undone.

After a conviction (either via plea bargain, or a guilty verdict) the victim should encourage the DDA to submit a "statement in aggravation" for the judge's consideration prior to sentencing, giving the judge the reasons the perpetrator should get the "aggravated" (i.e., longest possible) sentence. The victim should give their input on this to the DDA.

Often when there is a conviction the judge will ask the probation department to prepare a sentencing report to help the judge decide what sentence to hand down. The victim should have a sit-down meeting with the probation officer conducting the investigation for that report. Be sure the investigator is aware of all the violence against this and any other victim, as well as the victim's state of fear for them self and their children.

When Things Aren't Going Right With Your Case:

(If time is short, you may need to skip some of these steps and go higher sooner.)

• Contact the DDA assigned to the case. Try to find out what she/he needs to get the case on track. If that doesn't work:

• Write a letter to the DDA, showing on the letter cc:'s to the supervising deputy (eg., the Chief Deputy D.A. in charge of the sexual assault team). In your letter, ask for a specific response date. If you still don't get what you want:

• Call the supervising deputy D.A. and ask for a meeting to discuss the problems and inform her/him of what you want.

If that still doesn't work, write a letter to the District Attorney, with cc:'s to the supervising deputy, your county's governing body (i.e., Board of Supervisors), a local women's rights group, and the press.

All the information regarding the district attorney process have been created and provided by Tanya Brannan of www.purpleberets.org.

Go to surviving-domestic-violence.org from the District Attorney Process

Go to advocating for victims from the District Attorney Process