The Criminal Justice System can be a frightening experience for Victims. Victims of Domestic Violence confront daily struggles, dealing with mental, emotional, and physical abuse from their partners/spouses. Involving them in the Criminal Justice System as a result of a criminal investigation, summons, or arrest, law enforcement agencies further complicate their existing conditions. These complications include the confusion of the criminal legal process, the rigid procedures within the judicial system, the Constitutional Rights afforded a batterer, coercion from the batterer, duress from the batterer, financial struggles, and many more that are of equal or greater significance. As a result, I hope the following information answers the many questions of the Victims of Domestic Violence.
The institution of a criminal investigation begins with a complaint. The complaint
may result from either a call to the police or sheriff's office, a call to 911
Emergency, a call from a concerned neighbor or family member, or any other observation
or initiation of a complaint to local law enforcement. In St. Tammany Parish,
law enforcement officials (i.e. local police agencies or sheriff's office),
must investigate every complaint. Thus, if a Victim calls 911, they can expect
a visit from local law enforcement.
The law enforcement agency will conduct their investigation. In the event they
discover "probable cause" that a crime has occurred, they must either
make an arrest or issue a summons to the batterer. In the event the officer
decides to arrest the batterer, the batterer will go to jail for booking and
formal processing. Depending on the charges asserted by law enforcement, a bond
shall be determined by a judge. In the event the batterer can bond out of jail,
the batterer is issued the "Arraignment Date" to appear in court.
In the event a Summons is issued to the batterer, the Summons shall indicate
the batterer's Arraignment Date to appear in court. An "Arraignment Date"
is a court appearance whereas the State of Louisiana, through the District Attorney's
office, informs a batterer/defendant of the charges filed against them by the
State of Louisiana on the court record. A Victim may appear in court on this
Date. In the event a batterer chooses to Plead Guilty to the charge, a victim
may provide a victim impact statement to the judge prior to sentencing.
Subsequent to the summons or arrest, the law enforcement agency will complete
a report, including all statements and circumstantial evidence, and forward
the report to the District Attorney's office to be screened and evaluated as
to the legal sufficiency for prosecution and determination of formal charges.
In the event charges are accepted, the District Attorney files a "Bill
of Information" with the Clerk of Court. The "Bill of Information"
includes, among other things, the Defendant's name, birth date, and charges
pursuant to Louisiana Law. As stated above, the "Bill of Information"
is subsequently read to the Batterer/Defendant on the Arraignment Day.
In the event the Batterer/Defendant Pleads Not Guilty, a trial date is set.
In matters of Domestic Violence, every effort is made to set a trial as quickly
as possible from the date of arraignment. Subsequent to the Arraignment Day,
we will contact or attempt to contact the Victim(s) and keep them informed of
the proceedings. Unfortunately, we are limited to information provided on the
law enforcement reports. In the event a Victim moves, relocates, disconnects
their phone lines, our attempts to contact the
Victim(s) may be unsuccessful. If you are a Victim or know a Victim that has
moved or disconnected their phone, please contact our office, so we may maintain
current and accurate Victim information.
After a trial date is set, the trial may be continued by a Judge upon a Motion
or request from either the District Attorney's Office or the Defense. A continuance
acts as a postponement of a trial. They are provided for as part of Criminal
Trial Procedure. However, the Motion or request does not indicate the request
will be granted by the Judge. The Judge must issue an Order to the State requesting
the State provide a new court date when the case will be heard.
If you are a Victim caught up in the Criminal Justice System and have questions, please do not hesitate to call me or the my colleagues in the Domestic Violence Unit. It is our priority to protect the Victim's safety and to prevent them from feeling victimized by the legal system. Establishing a productive relationship with the victim is important to the success of our program.