• Be treated with dignity and compassion
• Be protected from intimidation and harm
• Be informed about the criminal justice system and the status of your case
• Be informed of social services and resources available in the community
• Have help in dealing with the system and be accompanied to court for support
• Have your opinions considered at the sentencing and parole phases of a criminal case
• Be compensated for injuries, wage loss, and funeral expenses

As a victim of, or a witness to, a crime, you are vital to the criminal justice process.

The Victim Services Program can help you understand how the system works and keep you informed about your case.  To do this, however, we must have your current address and phone number and a way to reach you of you are going to be out of town.

This brochure is a guide to the process, and to the terms you may encounter as your case moves through the system.

The subpoena - Don't Ignore It

A subpoena is a court order requiring you to be present at the time and place stated.  You will receive your subpoena in person or by mail.

Court hearings do not always take place at the precise time scheduled.  Calendar conflicts, the unavailability of a witness, or a legal motion may cause your case to be delayed ("continued").  Whenever possible, the deputy district attorney may place you on-call ("telephone standby").  This means that you may continue your normal routine, but you must be able to come to court immediately when called.

Your subpoena will show the type of hearing at which you are to appear.  If you fail to appear, the judge may impose a fine or jail sentence.  Be sure to bring you subpoena with you to court.

If the case is Postponed...

Sometimes a case will be postponed or "continued."  If a continuance is ordered before you appear in court, we will make every effort to let you know that you need not appear on the date listed on the subpoena.

If a continuance is sought on the date you are scheduled to appear, we may not be able to let you know in time.  Even if a continuance does occur, your original subpoena is still in effect and you will be contacted with the new date and time for your appearance.  We encourage you to call the Victim/Witness Center and confirm the time you should be in court before you go to the courthouse.

The Court System

Two types of courts handle criminal matters: Superior Courts handle adult matters; and Juvenile Court hears proceedings when the accused is under 18.

Misdemeanor Trial

In misdemeanor cases there is no preliminary hearing, so your first appearance will be for the trial, your testimony will be required only once.  (In many cases a trial is not conducted because the defendant plead guilty.)

The Preliminary Hearing

In felony cases, your first appearance will be at the preliminary hearing.  This is not a trial, but it is a hearing at which the judge determines if there is sufficient evidence to require the defendant to stand trial in Superior Court.

Arraignment - Superior Court

After the defendant is "held to answer," he/she will be arraigned again in Superior Court.  You do not have to appear at the arraignment.

Felony Trial

California law requires that a defendant charged with a felony be brought to trial within 60 days of the filing of the Information or the 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 testify at the trial, even if 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.

Your Testimony

When you appear as a witness, you will be called to the witness stand by a deputy district attorney to testify about what you saw, heard, or did which may be relevant to the charges against the defendant.  After the district attorney has asked the questions, the defense attorney has the right to test your memory of the facts, or to "cross-examine" you.  You may be excluded from the courtroom when other witnesses are testifying.  This is to ensure that the testimony or memory of one witness does not influence the testimony of another.

The Defense Attorney

The defense attorney may ask to speak with you to find out the nature of your testimony.  There are no laws or rules prohibiting you from telling the defendant's attorney or representative of the defense what your testimony will be.  However, you are not required to do so.  This is your decision.  But feel free to discuss any of this with the deputy district attorney.  If you choose to speak with the defense, you may wish to have another person present or tape record the interview to avoid later misquotations and misunderstandings.

Verdict and Sentencing

The jury will find the defendant either guilty or not guilty of the crime.  If the accused is found guilty, a date will be set for sentencing, usually 28 days after the verdict.  At the sentence, you have the right to appear and make a statement about how the crime has affected you and your family, and about the punishment you feel appropriate for the defendant.  This can be done in a written "Victim Impact Statement" or on audio or video tape to the Court or Probation Department.

A Victim Services Advocate may accompany you to court to support you during the sentencing hearing.

The judge may impose one or more of the following sentences: state prison (felony cases only), county jail, probation, fine, restitution, or diversion.  The judge may order a restitution fine or direct restitution to you.

Services for Victims and Witnesses

The staff of the Victim Services Program encourages you, as victims and witnesses, to cooperate in the investigation of your case and the prosecution of the offender.  To help, we can provide these important services to you.

Crisis and Emergency Services

Our staff offers crime-related crisis counseling and, when necessary, emergency services: food, shelter, clothing, medical care and transportation.

Court Information

Dealing with the criminal justice system can be intimidating, confusing, and frustrating.  Our personnel can explain your rights as a victim or witness and provide information about the process of the criminal justice system.

Court Support

Appearing in court can be intimidating and inconvenient.  Our staff can help coordinate your schedule appearance and let you know just what to expect.  When needed, Victim Services Advocates accompany victims, witnesses, and family members to court proceedings for support.

Referral Counseling

Our Personnel are familiar with local, state, and national resources.  We can provide specific information so you can get the help you need.

Property Return

In some cases, personal property is held as evidence by law enforcement or by the court.  We can help you get your property back after the case is concluded.

Employer Intervention

We can help your employer understand the emotional stress you may be experiencing as a crime victim, and we may intercede with him or her to explain why you must miss work for court and/or for other related reasons.

Restitution Assistance

If you have suffered a financial or property loss as a direct result of a crime, we can help you try to recover your loss by filing a Victim Impact Statement on your behalf with the court.

Credit Intervention

As a victim, your injuries or court appearances may affect your earnings.  Our staff can intervene with creditors to explain your situation and encourage them to work with you.

Victim Compensation Claims

Victims, or their families, may be eligible for reimbursement through California's Victim of Crime Program for out-of-pocket expenses resulting from a crime.  Funds may be available for medical and hospital expenses, mental health counseling, and physical therapy.  We will advise you on your eligibility for the program and help prepare and submit a claim to the State on your behalf.

Rev. 09/08

If you have any questions, please call Bureau of Victim Services
Monday - Friday 8:00 AM - 5:00 PM.

San Bernardino 316 North Mt. View Avenue 909-387-6540	Fontana 17830 Arrow Highway 909-356-6406
San Bernardino Juvenile 900 East Gilbert Street 909-387-8665	Morongo 6527 White Feather Road 760-366-5741
San Bernardino Police Department 710 North D Street 909-388-4900	Ontario Police Department 2500 Archibald Avenue 909-395-2713
Victorville 14440 Civic Drive, Building A 760-951-3413	Colton Police Department 650 North La Cadena Drive 909-370-5164
Barstow 235 East Mt. View Avenue 760-256-4802	Highland Police Department 26985 Baseline Avenue 909-425-9793
Rancho Cucamonga 8303 Haven Avenue 909-945-4241	Rancho Cucamonga Juvenile 909-945-6016