On this page you will find general answers to common questions asked by defendants in criminal cases. Nothing contained on this page is intended as legal advice nor does it create an attorney-client relationship between any person and this office. The information contained on this page is for reference purposes only and may not apply to your specific case. For specific answers to your questions you should contact an attorney.
Do complainants and witnesses have to appear at the preliminary examination?
Witnesses and complainants are required to appear in case either the prosecution or defendant requests to hold the preliminary examination.
What if someone saw who committed the alleged crime, but they do not want to get involved? Can someone else tell the judge what they saw?
No, that would be hearsay unless it falls under an exception to the Rules of Evidence. A witness must testify to what they saw or did. The neighbor can subpoena your neighbor to come to court.
What if I don't speak or understand English very well?
The court will provide an interpreter for the court proceedings.
Can the defendant be ordered to pay restitution to me?
If the defendant is found guilty, then the judge determines the amount of restitution as a part of the sentence. The restitution amount should be supported by receipts for damages, medical bills, proof of lost wages, etc.
Will I have the same attorney from beginning to end?
You should. Every effort is made for the defendant to have the same attorney for all court proceedings, once appointed.