Criminal Justice System

The District Attorney’s Office mission is to seek justice, ensuring that the guilty are held accountable, that the innocent are protected from unwarranted harm, and that the rights of all citizens, particularly victims of crime, are respected.

As a victim of a crime, you may find the criminal justice system confusing and frustrating. This information is provided to assist crime victims in understanding some of the steps a case may take in the criminal justice system. The following is only an outline; please remember that each case is unique.

Investigation

Investigations are a crucial aspect of the criminal justice system. They are used to gather evidence and determine the facts of a case in order to bring those responsible for a crime to justice. Whether you're a victim, witness, or suspect, understanding the basics of police investigations can be helpful in navigating the process.

Steps in an Investigation

The steps involved in a police investigation can vary depending on the specifics of the case, but the general process typically includes:

Report

A report is made to the police, usually by a victim or witness, about a crime that has occurred. The police will then start an investigation.

Initial Assessment

The police will assess the information provided in the report to determine if a crime has indeed been committed and if there is enough evidence to warrant an investigation.

Gathering Evidence

The police will gather evidence related to the crime, including physical evidence such as fingerprints, DNA samples, and weapons, as well as witness statements and surveillance footage.

Interviews

The police will interview witnesses, victims, and suspects to gather additional information and clarify the facts of the case.

Arrest

If the police have enough evidence to arrest a suspect, they will do so and bring the suspect to trial.

Trial

The case will go to trial, where the prosecution will present the evidence and the defense will argue their case. A judge or jury will then determine the verdict.

Arrest and Release

When a suspect is arrested and is placed in custody, he/she may be released at any time. A victim can request to be notified of the suspect’s release by contacting Victim Information and Notification Everyday (VINE) at 1-877-674-8463. When a suspect is released, he/she will sign a Release Agreement. Typically this agreement states that the suspect CAN NOT have contact with the victim. If the suspect contacts the victim, the victim may report the violation to their local police agency. If a violation has occurred, the suspect could be placed into custody or maintain his/her release with a warning NOT to re-contact the victim and sometimes, additional conditions are imposed.

Temporary Restraining Order and Stalking Protection Order

Temporary Restraining Orders (TROs) and Stalking Protection Orders are legal remedies that can provide protection for individuals who have been subjected to domestic violence, harassment, stalking, or other forms of abuse. These orders are designed to keep the abuser at a safe distance from the victim and to prevent further harm.

Temporary Restraining Order (TRO)

A Temporary Restraining Order (TRO) is a court order that provides temporary protection for individuals who have been subjected to domestic violence, harassment, or stalking. A TRO can be granted without the alleged abuser being present, and it typically goes into effect immediately after it is issued.

Stalking Protection Order

A Stalking Protection Order is a court order that provides protection for individuals who have been subjected to stalking. A Stalking Protection Order may include provisions such as a requirement for the alleged stalker to stay away from the victim, to refrain from contacting the victim, or to surrender firearms.

Victims may be eligible for a Temporary Restraining Order (TRO) and/or a Stalking Protection Order. There are additonal protection orders available as well. If you would like more information, you may call the Victims' Assistance Program at 541-388-6525.

District Attorney

When a case is opened by the District Attorney’s Office, the case is assigned to a Deputy District Attorney (DDA) to decide what charges, if any, should be brought against the suspect. If charged, the suspect is now referred to as the defendant. In cases involving violent felonies and some violent misdemeanors, a Victims' Assistance Coordinator (victim advocate) is assigned to assist the victim(s). If any of the charges(s) are felonies, the DDA may take the case before a Grand Jury. If the charges are misdemeanor(s), the DDA files the charge(s) by Information. After a defendant is charged, he/she will appear before a judge to be arraigned on the charge(s).

Grand Jury

A grand jury is a group of citizens who are selected to hear evidence presented by the prosecution in a criminal case. The grand jury's role is to determine if there is probable cause to believe that a crime was committed and that the person charged with the crime committed it.

How Grand Juries Work

The grand jury process typically starts when the prosecution presents evidence and witnesses to the grand jury. The grand jury will then deliberate in private, considering the evidence and testimony they have heard. If the grand jury determines that there is probable cause to believe that a crime was committed, they will issue an indictment, which is a formal charge against the defendant.

The grand jury's role is to determine whether there is enough evidence to bring the case to trial. They do not determine the defendant's guilt or innocence, as that is the role of the judge and jury during a trial.

Who Serves on a Grand Jury?

Grand juries are composed of citizens selected from the community, typically from a pool of registered voters or from a list of residents of a particular area. The number of jurors on a grand jury can vary, but typically ranges from 12 to 23 people.

The selection process for grand jurors is similar to the process for selecting a jury for a trial. The prosecution and defense have the opportunity to strike a certain number of jurors for any reason, and the remaining jurors are then seated to hear the case.

The Grand Jury determines if there is enough evidence to charge a defendant with a crime. Most victims will need to testify before the Grand Jury. A judge is not present and usually the defendant is not present (there can be exceptions).

Criminal Justice System

Arraignment

An arraignment is a formal court hearing that takes place after a person has been arrested and charged with a crime. During an arraignment, the defendant is informed of the charges against them and enters a plea of guilty or not guilty.

What Happens During an Arraignment?

Reading of Charges

The judge will read the charges against the defendant, informing them of the specific crimes they are accused of committing.

Entering a Plea

The defendant will then enter a plea of guilty or not guilty. If the defendant pleads guilty, the case will typically proceed to sentencing. If the defendant pleads not guilty, the case will proceed to trial.

Bail

The judge will consider the defendant's request for bail and determine if they should be released on bail or held in custody until their trial.

Scheduling

The judge will schedule the next hearing in the case, which may be a pre-trial conference or a trial date.

Arrest

If the police have enough evidence to arrest a suspect, they will do so and bring the suspect to trial.

Trial

The case will go to trial, where the prosecution will present the evidence and the defense will argue their case. A judge or jury will then determine the verdict.

Release Hearing

A release hearing is a court proceeding that determines whether a defendant should be released from custody before their trial. The hearing takes place after a person has been arrested and charged with a crime, and is an opportunity for the defendant to request release on bail or other conditions.

How Release Hearings Work

During a release hearing, the judge will consider several factors in determining whether the defendant should be released from custody, including:

The Nature of the Charges

The judge will consider the nature and severity of the charges against the defendant.

The Defendant's Criminal History

The judge will consider the defendant's criminal history, including any prior convictions or arrests.

Flight Risk

The judge will consider whether the defendant is a flight risk and if they are likely to flee the jurisdiction if released.

Danger to the Community

The judge will consider whether the defendant poses a danger to the community if released.

Trial

A trial can be either a bench or jury trial. A bench trial is where a Judge decides if the defendant is guilty or not guilty. A jury trial is where the jury members decide. On a verdict of not guilty, the charges are dismissed. With a verdict of guilty, a sentencing date is scheduled. The Judge sentences the defendant.

Plea Hearing

A plea hearing is the time set for a defendant to enter a plea in regard to the charges. If a defendant enters a plea of guilty or no contest, the Judge could sentence the defendant at that time or schedule a sentencing date. If a defendant enters a not guilty plea, a trial date will be set. It is important to know that a defendant may change his/her plea to guilty at any hearing and may be sentenced if the victim is present or has been notified. As the victim, you can attend any hearing and give an oral or written victim statement at sentencing. It is important that the victim(s) keep the District Attorney's Office updated with contact information.

Sentencing

At sentencing the victim has the right to give a victim impact statement to the Judge. If the victim is a child, the parent(s) also have the right to give a statement. A victim impact statement may be given verbally and/or in writing.

Prison and Jail Release Notification

A defendant sentenced to prison or jail will then be referred to as an inmate/prisoner. As the victim, if the defendant is sentenced to prison, you have the right to be informed of the inmate’s release date and any hearings. Victims who want to be notified will need to register with VINE. For defendants sentenced to prison victims will also need to register with the Board of Parole and Post-Prison Supervison (503) 945-0907. If the defendant is sentenced to jail, you can be informed of the inmate’s release by registering with the VINE system. To register with VINE call 1-877-674-8463. VINE’s service is free.

Probation

Probation is a form of punishment that allows individuals who have been convicted of a crime to serve their sentence in the community instead of in jail or prison. Probation can be supervised, monitored, or bench, and the type of probation an individual is sentenced to will depend on the nature of their offense and their criminal history.

Supervised Probation

Supervised probation is the most common type of probation. Individuals on supervised probation are required to report to a probation officer (one that will be supervised by the Deschutes County Probation office) on a regular basis and may also be required to participate in programs or activities designed to address their criminal behavior. Failure to comply with the terms of supervised probation can result in a revocation of probation and a return to jail or prison. The victim may find out the name of the defendant’s probation officer and the probation conditions by contacting the Deschutes County Probation office at 541-385-3246. Any violation(s) of the probation conditions will need to be reported to the probation officer.

Monitored Probation

Monitored probation is a more restrictive form of probation that is typically used for individuals who have been convicted of a serious crime or who have a history of failing to comply with the terms of probation. Monitored probation may involve electronic monitoring, such as an ankle bracelet, or regular drug testing. Probation in which a defendant's compliance with court ordered conditions of probation are monitored by a monitoring agency (this is not classified as supervised probation). They can be reached at (541) 382-3224.

Court (Bench) Probation

Bench probation is a form of probation that does not involve regular reporting to a probation officer. Instead, individuals on bench probation are typically required to appear in court on a regular basis and to comply with certain conditions, such as paying fines or participating in community service. The victim may contact the DDA assigned to the criminal case to find out the conditions of probation and to report any violation(s). Violations may also need to be reported to the local law enforcement agency.

Sex Offender Registration

If a defendant is required to register as a Sex Offender, the victim has the right to access certain information about the offender. A form is sent in the mail to the victim with the disposition notice that lists sentencing information. If you do not receive a form, you may contact the Victims' Assistance Program.

Victim Assistance