TION
INTERVEN POINTS OF
Rather than waiting for the next stage in the felony case flow chart, community can take pro-active steps to impact the case during the transitions. As Cesar Flores, an organizer for ACJP, says, “The community work comes in the blank spaces of that chart – all the time between the defined stages.” Listed are activities families in ACJP have taken to assert influence on their case, or the case of a loved one. It is not an exhaustive list, but is a sharing of potential actions community can take along the life span of a felony case.
ARREST - Document everything that happened related to the arrest (A written statement of the incident, list of potential witnesses that could be important to your defense, how the individual was picked up, any issues of potential illegality of a search by police, and any other details in that important time frame.) - There is usually an office that prepares a report that will be presented to the judge that will determine release options during the court process (bail, released on own recognizance, or detained.) In Santa Clara County, it’s called the Pre-Trial Services. Contact them to so they know your community member has strong ties -- that information could determine what they recommend to the court. - Create a social biography of the person arrested to submit to the attorney. - Contact the Public Defender’s office (or the respective indigent defense services agency of your area) and notify them that you or your community member will be assigned to their office and that you have already prepared material important to the defense. - Community organizations may need to be aware of the local bail schedule and other related bail issues to understand whether the bail amount is excessive and thus the basis for demanding a bail hearing/motion.
ARRAIGNMENT - Find out what charges are being brought against you or your community member (The initial charges by the police are not always the same charges that the District Attorney uses to file. The allegations you will have to defend against are the District Attorney’s charges.) - If you have had no contact yet with the Public Defender’s office, then ask to be referred to a court-appointed attorney. - Request a meeting with the attorney well in advance of the next court date. - Request a copy of all discovery (items such as police reports, physical evidence, statements, etc.) from the attorney and review them. Note your observations and dissection of the material. - Go through your reading of the discovery, go over penal codes with the attorney, and help formulate a defense strategy. - Inform the attorney of any possible mitigating or crucial information that may determine their approach to the case (such as mental health history) - Ask the attorney what motions can be filed at this stage that may be important to the case. For example, in California, a Pitchess motion can be filed that could expose a police officer’s history if the case has a police of- 44 ficer’s actions as a key part of the incident.