What is an arrest warrant?
An arrest warrant is an order signed by the Judge authorizing the police to arrest a person believed to have committed a crime.What happens to the person after arrest?
After arrest, the defendant (the accused) is taken to jail. Thereafter, he is brought before a Judge for an initial hearing. At this time the Judge sets the amount of bail, gives the defendant a copy of the charge, a copy of a protective order (if one is issued), enters a not guilty plea for the defendant, makes sure the defendant has a lawyer if he cannot afford one, and schedules the trial date.What is a bond?
A bond allows the defendant's release from jail by insuring his future attendance in court and compelling him to remain within the jurisdiction of court.How can I get my property back?
All property, if recovered, will be returned to its rightful owner, if possible. Sometimes, it may be held for evidence until the case is over. Depending on the type of case, once the case is over it is held for another 60 days, pending an appeal. Sometimes it is possible for the evidence to be photographed after the case is over. Call Victim Assistance regarding this.What if someone threatens me or offers me money to drop the charges?
Only on extremely rare occasions are witnesses threatened or intimidated. If anyone has threatened you in connection with the case in which you are involved, either in or out of court, he may have committed a new crime. Immediately contact your local police department or sheriff's department and report the threat. Then notify the Prosecutor's Office.Do I need a lawyer?
No. As a victim or witness to a crime, your rights are protected by the Prosecuting Attorney for the State of Indiana. If you wish to pursue a civil action, you should speak to a private attorney. There is no charge for the prosecutor's services. You may hire an attorney if you wish.What if I change my mind about prosecuting or testifying?
A crime committed against any person is a crime against all persons. You and our community deserve protection. A citizen, victim, or witness has a duty to report and help with the prosecution of that crime. Without your cooperation, the Judge or jury may not have all the evidence it needs to see that justice is done. If criminals go free, it is likely they will commit more crimes. The Judge can require testimony of any victim or witness to a crime. Should you have any concern about testifying, talk to Victim Assistance or the Deputy Prosecutor handling your case.What is a subpoena?
A subpoena is an official Court order requiring you to appear at the time and place noted, usually to testify at some court proceeding. You should bring your subpoena with you when you appear.What is a bench trial?
A bench trial is a trial in front of a judge.What is a jury trial?
A jury trial is a trial in front of a jury of 6 (misdemeanor) to 12 people (felony).What is a deposition?
A deposition is the recorded testimony of a witness, given under oath in the presence of both the defense attorney, prosecutor and a court reporter. The purpose of taking a deposition is to determine and preserve testimony of the witness.What is a pre-trial conference?
A pre-trial conference is a date set aside by the court for defense attorney and prosecutor to meet and discuss the progress of the case before the judge.What is an omnibus date?
An omnibus date is a date set aside by the court for all paperwork pertaining to the criminal case to be completed and filed with the court.What happens in a trial?
In a trial, the Prosecutor presents the case for the State and has the burden of proving beyond a reasonable doubt, through the testimony of witnesses, such as yourself, and other physical evidence, that the defendant did commit the alleged crime. The defendant may testify or present evidence in this defense, but is not required to do so. The trial may be either before a Judge or before a jury.Are witnesses permitted to be in the courtroom before and after testifying?
Usually there is a "separation of witness order" so witnesses are not allowed to watch the trial. Such an order also means witnesses are not to discuss their testimony with each other wile of the trial is going on.How will I know if the trial date is changed?
Call the Prosecutor's Office the day before to see if the date has changed.What is a plea agreement?
A plea agreement is an agreement between the Prosecutor and the Defendant and his defense attorney. The defendant pleads guilty to a charge and a trial is no longer needed.What is a plea hearing?
A plea hearing is when the defendant goes before the judge and says, I plead guilty to the crime I am charged with. (If this occurs there is no need for a trial.) If the crime is a misdemeanor, the defendant will be sentenced at the plea hearing. If the crime is a felony, it will be scheduled for a sentencing date within approximately 30 days, or longer is agreed to by the defendant.What is a Protective Order?
A protective order is usually issued in any personal crime case. The defendant cannot have any contact with the protective person until the criminal case is over. Also, a part of a sentencing the protective order may continue.What is a Victim Impact Statement?
A victim impact statement is used by the Prosecutor to decide how best to handle your case. Many aspects are taken into consideration, past criminal history, the crime itself, applicable law, and your victim impact statement.What is a Restitution?
A restitution is the amount of out of pocket expenses you as a victim have incurred. This amount must be documented. The Deputy Prosecutor may ask the Judge to order restitution as part of sentencing. This is discretionary upon the Deputy Prosecutor and the Judge.What if the defendant's attorney contacts me about the case?
As a witness you are expected to be an impartial spokesperson for the facts as you know them. So, you are not a witness for one side or the other, but for the truth. The defendant's attorney may want to talk to you about the case and is permitted to do so. You do, however, have the right to decide whether you want to discuss the case with the defendant's attorney or not. If you choose to talk to him you also have the right to request that a representative from the Prosecutor's Office be with you during the interview. Be sure you know whom you are talking to when you discuss the case. Always ask for identification from any person who wants to talk to you about the case.SENTENCING
A defendant who has been found guilty or has pleaded guilty is sentenced by the Judge. If the case is a felony, sentencing usually takes place about thirty days later. This allows the Probation Department time to prepare a pre-sentence report for the Judge. If you are the victim in the case, the Probation Department will be in contact with you to ask what your feelings are about sentencing. Your statements will be included in the report and considered by the Judge. You may also write your feelings in a letter addressed to the Judge and have that letter attached to the pre-sentence report. And/or, you may speak in court during the sentencing. If you want to speak at the sentencing hearing, tell the Prosecutor or Victim Assistance before that day. Using state law as a guideline, the Judge may sentence the defendant to prison or jail, place him on probation, order him to make restitution, or order him to pay court costs and/or a fine.If I want to know where the defendant is sent to serve his time and his release date, who can I contact?
For Indiana only you may contact the Department of Correction at 1-800-447-5604 or 317-232-1756