California Criminal Procedure

[caleegirl76]

Hello all,

I am a former California resident, currently living in Virginia. I am also a pursuing a degree in Paralegal Studies at Hampton University.

Recently, a woman, completely unknown to me, filed charges against me through the local magistrate's office, claiming I have been making harassing, abusive phone calls to her. Apparently, in the state of Virginia, a person can bring such charges on another based soley on their statements, with no further investigation needed.

These recent events have sparked my curiosity, and inspired me to write about them in a paper for my Law in Society class by comparing the criminal procedure in Virgina and California. It is hard for me to believe that this could happen in the state of California. I wonder if anyone can answer the following:

1. If a person living in California files a complaint against another for making harassing and abusive phone calls, can a court date be set based soley on their say-so?

2. If not, what degree of investigation is performed by the police and/or District Attorney prior to filing charges?

3. Would the complaintant need to provide any backup for their claims, i.e. taped conversation, or a list of the date and times the calls were received?

I appreciate any input you have. I have tried to obtain this information from California police departments and DA's offices, however no seems willing to help.

 

[I AM ALWAYS LIABLE]

Hello all,

I am a former California resident, currently living in Virginia. I am also a pursuing a degree in Paralegal Studies at Hampton University.

Recently, a woman, completely unknown to me, filed charges against me through the local magistrate's office, claiming I have been making harassing, abusive phone calls to her. Apparently, in the state of Virginia, a person can bring such charges on another based soley on their statements, with no further investigation needed.

These recent events have sparked my curiosity, and inspired me to write about them in a paper for my Law in Society class by comparing the criminal procedure in Virgina and California. It is hard for me to believe that this could happen in the state of California. I wonder if anyone can answer the following:

1. If a person living in California files a complaint against another for making harassing and abusive phone calls, can a court date be set based soley on their say-so?

2. If not, what degree of investigation is performed by the police and/or District Attorney prior to filing charges?

3. Would the complaintant need to provide any backup for their claims, i.e. taped conversation, or a list of the date and times the calls were received?

I appreciate any input you have. I have tried to obtain this information from California police departments and DA's offices, however no seems willing to help.

My response:

One of the first priorities of every State, including California, is the protection of it's citizens. That being said, the answer to your question is yes; anyone can file for, and be heard on, a Request for Temporary Restraining Order. All that needs be done is to fill out the appropriate papers, use a few "buzz words", see the judge, and voila - - a judge will more than likely issue a TRO, simply based upon what the complainant has stated in the papers. Remember, for right or wrong, the courts and the State has it's priorities in safeguarding its citizens.

However, that's not the end of the story.

The problem arises when the judge schedules a full blown hearing on the complainant's allegations within ten days. That's when all parties come into court to testify, and bring their witnesses and other evidence. If a judge finds even a scintilla of truth in the allegations, a Permanent Restraining Order can be issued; e.g., one that can last for years, depending upon the allegations and other circumstances.

IAAL