A: In most cases, except for business
related offenses, 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. A list of telephone numbers is provided on our
Contacts
Page. For example, if the crime occurred in Arlington, it should be
reported to the Arlington Police Department. If the crime was committed in any
unincorporated area of Tarrant County, or in an area where the Tarrant County
Sheriff is the contracting law enforcement agency, the crime should be reported
to the Sheriff.
Q: I am a victim in a criminal case
and I want to drop the charges. Can I do that?
A: The decision to drop charges in any criminal
prosecution can only be made by a prosecutor with the approval of a judge. The
victim’s wishes alone do not dictate whether or not a case will be filed or
dismissed. If you would like to discuss your case, you should speak with the
prosecutor.
Q: What if a defense attorney contacts
me about the case?
A: You may be contacted by defense attorneys or
investigators seeking to discuss the case with you. While you are free to speak
about the case with anyone you choose, you are not required to do so. If you
decide to discuss the case with the defense attorney, we would like to have
someone from our staff present during the interview so that we will know what
you said. You are not required to discuss the case with a representative of the
defense and may decline to do so. If you wish, you may simply refer the defense
attorney to our office for any information he/she wants and decline to discuss
the case with him.
Q: Does the Judge appoint
investigators for the defense in criminal cases?
A: In some cases, private investigators assist defense
attorneys in case preparation. If the defendant is indigent, the judge may
appoint an attorney and an investigator to aid the defendant. However, in no
case will the investigator be working for the judge; he/she will report his/her
investigation to the defense attorney, and it may be used to damage our case in
trial. Require anyone who claims to be investigating "for the judge"
or "for the court" to show identification and be sure to examine it
closely. Call our office before you talk about the case if you have any doubts.
You are under no legal duty to discuss the case with a defense investigator.
Q: What is a grand jury?
A: A grand jury is a body of twelve citizens who consider
whether indictments should be returned in felony cases. The district attorney
has no control over the selection of grand jurors. Grand jury proceedings are
not open to the public, and witnesses take an oath of secrecy before testifying.
Q: What does a grand jury do?
A: Unless a defendant waives an indictment, Texas law
requires action by the grand jury before a felony case can be brought to trial.
If the grand jury believes that there is sufficient evidence to prove that a
person has committed a felony, it votes to issue an indictment. At least nine
grand jurors must vote in favor of an indictment, or the case is
"no-billed," which terminates the case. The district attorney assists
the grand jury in hearing evidence and preparing indictments, but the actual
deliberations on cases are secret and only the grand jurors are present when
voting is in progress.
Q: Does the District Attorney’s
Office provide copies of police reports?
A: No. Reports are obtained through the affected law
enforcement agency.
Q: Can I talk to Mr.
Shannon? I think he’s
the person who is working on my case?
A: Mr. Shannon is the elected District Attorney of Tarrant
County and, as such, his name appears on most court documents and office
correspondence just above the name of the prosecutor who prepared the document.
Therefore, the person who is working on your case is most likely the person who
actually signed the court document or DA’s Office correspondence.
Q: What if I am a witness in a
criminal case?
A: Prior to your appearance in court, go over the facts of
the case in your mind.
When you take the witness stand, get comfortable,
sit erect and look around to familiarize yourself with the court
surroundings.
In testifying, the first rule is to tell the truth.
Don’t answer questions with half-truths. Don’t try to judge
whether an answer is going to help or hurt one side or the other. Don’t
let your personal judgment of who should win or lose color your
testimony. Avoid expressing your opinion about the guilt or innocence
of the involved parties. That is the job of the jury. As a witness,
your sole duty is to tell it like you saw it. Nothing more, nothing
less.
Answer the questions clearly and loudly enough so
everyone can hear you. Look at the jury and address your remarks to it
so that the jury members will be able to hear and understand what you
have to say.
Be serious at all times. The courtroom is not the
place to be cute or humorous.
Do not memorize your testimony. It will sound
rehearsed and lack the ring of truth.
Listen to the question carefully. If you do not
hear a question, ask that it be repeated. If you do not understand a
question, ask that it be rephrased. Don’t attempt to guess at an
answer to a question that you didn’t understand or hear. If you do
not know the answer to the question, state simply that you do not
know.
Answer directly and simply only the questions asked
of you, and then stop. Do not volunteer information.
Answer the questions verbally. Your testimony is
being recorded (either tape recorded or written down). No head or head
nods, or "uh-huh" / "uh-uh" instead of saying
"yes" / "no."
If you make a mistake in answering a question,
correct it immediately.
If a question can’t be truthfully answered with a
"yes" or "no," you have a right to explain the
answer.
If an objection is made by one of the lawyers, or
the judge speaks, stop your testimony immediately. Do not try to
complete your answer.
Don’t argue with the lawyer asking the questions.
While testifying on cross-examination, don’t look
to the lawyer who called you for help in answering the question. You
are on your own. If the question is improper, the lawyer will object
and the judge will rule on it. It is important, however, that you
listen to the objection so that you understand why it is being made.
If you are asked whether or not you have talked to
anyone about your testimony before coming to court, be sure to answer
"yes" if you have. There is nothing wrong with discussing
the facts with the lawyers, parties, police, or investigators prior to
trial.
Be natural. Be yourself. Don’t try to be someone
you are not. If you relax and tell the truth, you will get along fine.
Q: I have already given oral or written
statements. Why should I go to court to testify when I have already provided a
previous statement?
A: The Judge would not allow the statement into evidence,
because the law requires the witness to appear in court, tell his/her story
under oath and be subject to questioning by all parties.
Q: What is a pretrial hearing?
A: After a felony case has been considered by a grand jury
and an indictment returned, the case will be scheduled for a pretrial hearing.
At the pretrial hearing the defendant and his attorney usually advise the judge
whether the defendant wants a trial or will plead guilty, if a trial is desired,
whether a jury is required. Certain motions concerning legal issues may be heard
at a pretrial hearing. Occasionally, a witness may be needed in a pretrial
hearing, and if your presence is required, you will be notified well in advance
of the setting.
Q: Negotiated Pleas – Will this case
be "Plea bargained?"
A: The District Attorney and the defendant, through his/her
lawyer, will frequently reach an agreement prior to trial just as in most civil
cases. This agreement will then be presented to the judge. There are a number of
reasons why this practice is necessary, but the policy of the district attorney’s
office is to consult with all the victims of violent crimes involving personal
assault or injury before finalizing any negotiated plea agreement. If you are
concerned about a plea agreement in your case, contact the district attorney’s
office immediately.
Q: Where do I park as a witness in a
criminal case?
A: Go to the TarrantCounty.com Maps and Directions web
page.
Q: As a witness do I have to talk in
front of the defendant in court?
A: The defendant must be present in court to hear what all
the witnesses say about him/her. The lawyer for the defendant is called the
defense attorney and will ask you questions after the prosecutor asks questions.
Q: Can I be compensated for my efforts
as a witness?
A: As a general rule, Texas law does not authorize any
compensation for witnesses testifying in criminal matters. Exceptions are made
in cases where the witness is from out of state or from outside the county in
which the trial is held, in which case, travel expenses and a per diem are
allowed.
Q: What is a victim statement form?
A: This form is distributed to the victim, guardian of a
victim or close relative of a deceased victim of a violent crime (ex. sexual
assault, aggravated assault). The form does not apply to the victim of a
property crime (ex. burglary, theft). This form should be completed by you
promptly and returned to the District Attorney’s Office so that it may be
reviewed by the assistant criminal district attorney assigned to the case and
presented to the court at the proper time. It is also forwarded to the Pardons
and Paroles Division or the Community Supervision and Corrections Department
(Probation Department).
Q: If I am the victim of a violent
crime, may I receive compensation for expenses I have incurred?
A: You may make an application under the Crime Victims
Compensation Act to compensate you for reasonable medical, drug, counseling and
rehabilitation expenses. Additional expenses are also covered. Please talk with
the Victim Assistance Coordinator at the District Attorney’s Office for more
details.
Q: Who will be with me in court?
A: You may bring friends or relatives with you to court, and
they can probably sit in the courtroom while you testify, unless they are also
witnesses. (Witnesses testify one at a time and generally wait outside the
courtroom for their turn. This is called "sequestration.") A Victim
Assistance staff member may also be with you, if you request.
Q: How long will I be at court as a
witness?
A: Your courtroom time, while actually testifying, may not
take long; it depends upon many factors. Most of the time you will just be
waiting for your turn to testify. You and your family and friends are encouraged
to bring a book or magazine to read while you wait.
Q: What is a subpoena?
A: A subpoena or summons is a court order directing a person
to appear in court at a stated date and time, usually for the purpose of giving
testimony. If you receive a subpoena, you must appear in court when and where
you are directed to do so. If you believe that you cannot appear when
subpoenaed, call the district attorney’s office or the appropriate clerk’s
office at once.
Q: What if I can’t attend court as a
witness on the date stated in the subpoena?
A: If you have a date conflict, you should contact the
District Attorney Investigator immediately to discuss your conflict. In some
cases, the prosecutor handling the case can put you "on call" (so that
you can go to work or school on the day you are subpoenaed, and you will be
called at a pre-arranged phone number an hour or so before you are needed in
court).
Q: What if I am having trouble getting
off work?
A: If your employer fails to give you time off from work to
testify, please let us know. We can, if you want us to, contact your employer
and ask for cooperation. We can also provide verification of the need for your
attendance in court with dates and times, and usually the approximate length of
time you will need to be absent from work. Aside from problems with an employer,
if you have any other difficulty connected with appearing in court, let us know
and we will make every effort to help.