| Q1 |
How
do I press charges on somebody? |
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| A1 |
Crimes
must be reported to the police department or other law enforcement agency which has
jurisdiction over the city or county where the crime occurred. As a general
rule, jurisdiction in the criminal case is based on geography. If the crime occurs
within the limits of an incorporated city then the city police department for that city is
the agency which has jurisdiction. If the crime occurs in the unincorporated area of
the county the Sheriff's Office would be the agency with jurisdiction.
Once reported, the law enforcement agency will investigate the case and submit the case to
the District Attorney's Office for evaluation. |
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| Q2 |
If I
file charges can I decide to drop charges? |
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| A2 |
The
State of Texas is the only entity that can file charges in a criminal case.
Accordingly, the State, through the District Attorney's Office decides whether or not to
dismiss a case. The victim's wishes alone do not dictate whether a case will be
dismissed. If you are a victim in a case that you want dismissed contact the
prosecutor who is handling the case. |
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| Q3 |
Can
I get legal advice from the District Attorney's Office? |
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| A3 |
No.
The attorneys in the District Attorney's Office are prohibited from giving legal
advice to individual citizens. In fact, we can only represent the State of Texas in
criminal cases and Orange County in civil cases. |
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| Q4 |
What
is the Grand Jury? |
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| A4 |
The
Grand Jury is made up of twelve ordinary citizens who serve for a term of four months.
The role of the grand jury is to decide whether there is enough evidence to
formally charge an individual with a specific offense. The District Attorney's
Office has no control or input over the selection of grand jurors. Grand jury
proceedings are not open to the public and each witness and grand juror is sworn to
secrecy.
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ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE