Legal Question in Criminal Law in California
I am the victim of a violent assault and have been told I will have to testify at a prelim hearing the end of August. What are the deputy district attorney's responsibilities in preparing me for that testimony? Do I have access to written transcripts of my interview with the DA investigator? She has not offered any information about who else will be testifying, whether or not I want to wait in a separate area from the defendants friends and family, or even how the proceeding is conducted. I know that the DA will offer a plea bargain to the defendant to avoid trial, etc., yet when I 've asked her what the DA is going to offer him, she is not forthcoming with the facts. Instead she refers to what the judge might do as far as sentencing. That is not what I asked. Is this proper protocol for a deputy d.a? Her lack of attention and information is leaving me feeling quite unprepared for the hearing.
1 Answer from Attorneys
We get it that you are the victim of a violent assault. Sorry you were so horribly maimed. And it's no fun being a victim in a criminal case. But you are going to have to let the deputy DA drive. You can go to the courthouse and watch other prelims if you are up to it. Since you are a DV victim the DA has to be concerned about whether, if she tells you what she's thinking, you're going to tell the perp. It's her job to prepare, not yours. And defendants always lose the prelim, so I doubt she's worried. I wouldn't worry about the trial either if it comes to that.
I'm sure you won't have to sit near the perp's friends or family.
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