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Speaker 1: There are many different types of lawyers, but in a criminal case there is a prosecutor and a defense attorney. Someone who is charged with a crime is called a defendant. In court, a defense attorney works to ensure the defendant understands the criminal process and makes sure that the accused person's rights are upheld. A defendant can be an individual, a large corporation, or other entity that has committed a crime. Here at the Riverside County District Attorney's Office, our attorneys are known as Deputy District Attorneys, or DDAs, who work to uphold the laws of the state of California and advocate on behalf of the community and the victims of crime within Riverside County. So let's take a look at the life cycle of a criminal case. When a crime is reported to the police, they conduct an investigation to determine whether they have probable cause to arrest, which is created by facts that are specifically capable of being articulated by a reasonable officer to arise strong suspicion that the person committed the crime. The police agency may send a filing recommendation to our office. A Deputy District Attorney reviews every submission by law enforcement to determine if a crime occurred and whether we can prove it in court beyond a reasonable doubt. We deal with the truth. It is unethical for us to prosecute a defendant we do not believe is guilty beyond a reasonable doubt. To that end, we never shy away from exculpatory evidence or any evidence that indicates the defendant is not guilty. The first step of the court process is the arraignment, where the defendant is brought to court, advised of the criminal charges, bail is determined by the judge, and future court dates are scheduled. In felony cases, there are then a series of conferences or in-court meetings between our prosecutor, the defense, and a judge. This is then followed by a preliminary hearing. At the preliminary hearing, our prosecutor conducts a mini-trial, presenting evidence to a judge, who then determines if there is sufficient evidence that the defendant committed the crimes as charged and should stand trial. In misdemeanor cases, there is no preliminary hearing and, after arraignment, the case proceeds to settlement conferences and eventually to trial. Once the trial process begins, the defendant can choose whether to have a trial in front of a judge or a jury. Pre-trial evidentiary motions are presented by both sides. If the defendant chooses a jury trial, a jury is selected, both sides make their opening statements, and the prosecutor presents evidence in the form of witness testimonies and exhibits. The reason for this is that under our country's rule of law, a defendant is considered innocent until proven guilty, so the prosecution has the burden of proof. Then, if they choose to do so, the defense may cross-examine the people's witnesses or present evidence on the defendant's behalf. They are not required to, since the prosecution has the burden of proof. If the defense presents a case, the prosecutor can make a rebuttal. The trial ends with closing arguments and instructions to the jury. The jury deliberates in private and ultimately returns with their own verdict. Guilty, not guilty, or unable to reach a unanimous verdict, which is called a hung jury. If the defendant is found guilty, the court process ends and the judge renders a sentence. At the sentencing date, the victims of crime have a right to address the court and make a victim impact statement. This is the victim's opportunity to explain how the crime has affected them and their loved ones. It also provides input into how the court can best hold the offender accountable for the harm they have caused.
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