Filing Criminal Charges in California: A Step-by-Step Guide

Criminal filing procedures in California

In California, as in other states in the United States, individual citizens cannot file criminal charges. Only prosecutors – attorneys who work for the state government – may file charges. You can, however, report a crime to law enforcement. After investigation, a prosecutor may decide to file charges and contact you as a witness.^{[1]XResearch source} If the person who committed the crime is a danger to you, it may be possible for you to get a protective order. You also may be able to sue them in civil court for any injuries or losses you suffered as a result of their crimes.

Method 1

Method 1 of 3:

Reporting a Crime

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1
Dial 911 to report a crime in progress. Use 911 for emergencies. Call 911 after the fact if people are injured, or if you fear for your safety or think the person will come back. Try to remain calm, and give the operator a detailed description of where you are.^{[2]XResearch source}
- If anyone is injured, assess their condition as best you can so the 911 operator will know what level of response is required.
- If firearms were involved, let the operator know. If the suspect fled the scene, tell the operator as much as you know about how they left and where they went.
2
Contact local law enforcement for non-emergency reports. If the crime is over and you are safe, use the police non-emergency line or go into a precinct in person to report the crime you witnessed.^{[3]XResearch source}
- You can find non-emergency contact information for all police and sheriff's departments in California by visiting https://www.usacops.com/ca/.
- Provide the officer with as many details as you can recall from the incident. Even if you think something is unimportant, it may be a commonality between your incident and another reported to police.
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Report non-violent crimes online. Most local police departments in California accept online reports, provided firearms were not involved and no one has been injured. Only use this option if you don't know anything about the person who committed the crime.
- For example, if you arrive to open the store where you work one morning and discover it was vandalized overnight, that is the kind of crime you could report online.
- When you file a report online, you get a report number instantly and can print a copy of the report for your records. This can be convenient if you need to file an insurance claim.
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Get a written copy of the report. When the officer is finished taking your report, they should give you a copy. Sometimes this will be a temporary report, and you'll need to go back to pick up the final report.
- Keep your copy of the police report. You will need the report number and the name of the officer who took it if you have any information you want to add later on.
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Follow up with additional information. If you learn anything new about the incident, or the suspect who committed the crime, you can call the police department and have this information added to your report.
- Make sure you have the number of the original report so your information will be filed properly.
- You can also contact the police department to check in on the status of any investigation, but try to keep such calls to a minimum. If the police decide to investigate the case based on your report, or if there are any significant events (such as an arrest made), they will call you.

Method 2

Method 2 of 3:

Getting a Protective Order

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1
Ask for an emergency protective order if court isn't in session. Emergency protective orders are temporary, and are issued by law enforcement officers on evenings, weekends, and holidays. The emergency order will protect you from the person threatening or hurting you until you can petition a judge for a more permanent restraining order.^{[4]XResearch source}
- To get an emergency protective order, call your local police department and tell them you need an emergency protective order. They will take information from you about you, your family, and the person threatening you, and issue the order.
- If you are in immediate danger, call 911. Otherwise, call the police department's non-emergency number.
2
Seek a domestic violence restraining order if you're related. If someone is harming or threatening to harm you, a domestic violence restraining order will keep them from contacting or coming near you. If they violate the restraining order, they will be arrested.^{[5]XResearch source}
- A domestic violence restraining order is available to you if the person is a member of your family, or if you are or were romantically involved with the person.
- To get a domestic violence restraining order, go to the clerk's office in the nearest county court and tell the clerk you want the paperwork for a domestic violence restraining order. Fill out and return the paperwork, then speak to a judge.
- When you file your paperwork, the judge issues a temporary restraining order. To make it permanent, you must have the person you want restrained served and then appear in court for a hearing.
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Ask for a civil harassment restraining order if you're not related. If the person harming or threatening to harm you is someone unrelated to you, such as a neighbor or former friend, you can stop the behavior with a civil harassment restraining order.^{[6]XResearch source}
- Just as with domestic violence restraining orders, you complete and file paperwork at the clerk's office of the county court nearest you. The judge issues a temporary restraining order that will last until the date of your hearing.
- You must serve the person you want restrained so they have the opportunity to appear in court and explain their actions.
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Work with the district attorney prosecuting the criminal case. If the person you want to leave you alone has had criminal charges filed against them, the district attorney prosecuting the criminal case can also ask the judge for a criminal protective order.^{[7]XResearch source}
- Criminal protective orders are available to anyone who was the victim of a crime and fears that the person who committed the crime will come after them again.
- You're eligible for a criminal protective order even if you already have a civil restraining order against the person. It isn't uncommon for people to have multiple protective orders against one person.
- If you do already have a civil restraining order, tell the district attorney about it.

Method 3

Method 3 of 3:

Suing in Civil Court

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1
Evaluate your case. If you were the victim of a crime, you may be able to sue the perpetrator in civil court for money. Many crimes, especially violent crimes such as rape or assault, also have a civil law equivalent.
- Because the burden of proof is lower in civil cases than in criminal cases, it is possible to win a civil case against the person despite the fact that they weren't convicted of criminal charges.
2
Consult an attorney. You can always file a lawsuit on your own, but the process can be complex and takes a lot of time and effort. Especially if you are the recent victim of a crime, hiring a lawyer can make the whole process less stressful.
- Look for a personal injury attorney who specializes in representing crime victims. Most of these attorneys give free initial consultations, so you can interview several until you find someone you feel comfortable with.
- The National Crime Victim Bar Association offers free referrals to crime victims who want to hire an attorney and file a civil lawsuit. Call 202-467-8716 to use the attorney referral program.
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File your complaint. A civil lawsuit begins when you file a complaint in civil court that describes how the person harmed you and what damages you want as a result. Damages are typically money, but you can ask for other things as well.
- Your attorney will draft your complaint after consultation with you. Once it's filed, it will be served on the defendant, who has a limited period of time to respond.
- If the defendant misses the deadline to respond, you may be eligible to win your lawsuit by default – but don't count on that happening.
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Participate in discovery. After the defendant's answer is filed, your case moves into the discovery phase. You and the defendant will share evidence and information about what happened. This might involve interviews with witnesses or exchanging documents.
- You may also visit the scene of the crime, or compile other evidence taken during or immediately after the incident, such as photos or security camera footage.
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Evaluate settlement options. Since around 80 percent of all lawsuits filed in civil court are settled out of court, it's likely that yours will be too. Many defendants are unwilling to face the expense and uncertainty of a courtroom proceeding.^{[8]XResearch source}
- If the defendant offers you a settlement, your attorney will discuss it with you and give you advice on whether you should accept it. Talk it over carefully with your attorney and ask them any questions you have.
- The decision whether to accept or reject the defendant's settlement offer is yours alone. Your attorney must go along with your decision, even if they disagree with it.
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Go to trial. If you're unable to settle your case, you and your attorney will start preparing for trial. In civil lawsuits filed by crime victims, it isn't uncommon to request a trial by jury. These trials may take a day or more.^{[9]XResearch source}
- If the trial ends with a judgment in your favor, you still have to enforce that judgment. Understand that even if you win, you may never see a penny from the defendant.
- On the other hand, if the judge rules in favor of the defendant, you do have the right to appeal. Discuss this option with your attorney.