Frequently Asked Questions
Q: Can I report a crime
to the District Attorney's Office?
A: In most cases, a crime must be reported to the police
department or other law enforcement agency which has jurisdiction
over the city or county where the crime occurred.
For example, if the crime occurred in the City of Santa Barbara,
Lompoc or Santa Maria, it should be reported to the local police
department. If the crime was committed in the unincorporated area
of Santa Barbara County, the crime should be reported to the Sheriff's
Office. However, there are certain exceptions. Crimes involving
consumer fraud, bad checks, and environmental crimes should be
reported directly to the District Attorney's Consumer/Environmental
Protection Unit.
Note, however, that reports of officer misconduct should be reported
to the Internal Affairs sections of the officer's department.
Q: I am the victim of a
crime and I want to drop charges.
A: Crimes are charged by the District Attorney's Office
on behalf of the People of the State of California, not on behalf
of any particular victim. The decision to file charges in any
criminal prosecution can only be made by an attorney in the District
Attorney's Office. A victim's wishes will be considered, but the
final determination whether or not charges will be filed or dismissed
rests with the D.A.'s Office.
Q: How do I file a domestic
violence complaint with your office?
A: Contact your local law enforcement agency. They are
responsible for the investigation of domestic violence cases.
Our Domestic Violence Unit will review the investigation report
and file any appropriate criminal charges.
Q: I was the victim of
a violent crime. Will the District Attorney's Office pay for my
hospital bill and my lost wages? Will the District Attorney's Office
help me collect for pain and suffering?
A: The District Attorney's Office may be able to help
you file for recovery of unreimbursed medical expenses and lost
income. You should contact the District Attorney Victim Witness
Assistance program at (805) 568-2400 in Santa Barbara and at (805)
346-7529 in Santa Maria. To obtain compensation for pain and suffering,
you may need to contact a private attorney. If you do not have
a private attorney, you can contact the Santa Barbara County Bar
Association at (805) 569-5511 for a referral. If you cannot afford
a lawyer, you may call the Legal Aid Foundation of Santa Barbara
County at (805) 963-6754.
Q: I am a merchant who
received a bad check. Can the D.A.'s Office help me collect on this
bad check?
A: The D.A.'s Office has established a Check Restitution
Unit to help you. For further information, call (866) 740-7403
or CLICK
here.
Q: I was the victim of
a crime. Can you tell me the defendant's next court date?
A: The District Attorney's Office can provide you with
the next court date if we have filed charges against the defendant.
To obtain this information, call (805) 568-2300 for assistance.
Q: In court, the judge
ordered the defendant to pay me restitution. So far, I have not
received anything. Can anyone help me?
A: Call the Probation Department at (805) 882-3700 and
ask for the probation officer assigned to your case. The officer
can help you get your money if restitution was a condition of
the defendant's probation.
Q: I think I have been
cheated by a contractor, tradesman or other person who provides
labor or services. Can the District Attorney's Office help me?
A: The District Attorney's Consumer Fraud Unit may be
able to help or they may refer you to an agency that can help
you. The Consumer Fraud Unit also helps consumers who have been
victims of false or misleading advertising and unlawful business
practices. CLICK
here.
Q: I want a divorce. [Or,
I want to sue someone. Or, I want to adopt a child.] Can the D.A.'s
Office help me?
A: No, but a private attorney may be able to help you.
If you do not have a lawyer, you can contact the Lawyer Referral
Service of Santa Barbara County at (805) 569-9400, which is operated
by the Santa Barbara County Bar Association (805) 569-5511. If
you cannot afford a lawyer, you may call the Legal Aid Foundation
of Santa Barbara County at (805) 963-6754.
Q: I want a restraining
order to keep my [husband/wife, boyfriend/girlfriend, or other person
away from me. Will the D.A.'s Office do this for me?
A: No, but a private attorney may be able to help you.
If you do not have a lawyer, you can contact Lawyer Referral Service
of Santa Barbara County at (805) 569-9400, which is operated by
the Santa Barbara County Bar Association (805) 569-5511. If you
cannot afford a lawyer, you may call the Legal Aid Foundation
of Santa Barbara County at (805) 963-6754. You can also file the
paperwork yourself. Forms can be obtained at the County Clerk-Record's
Office located in the Courthouse.
Q: I need child support.
Can you help me?
A: No. Child support enforcement is done by the Department
of Child Support Services. They have offices in Santa Barbara,
Lompoc and Santa Maria. CLICK
here for more information.
Q: I have been subpoenaed
by the District Attorney to appear as a witness in a criminal case.
Can I get witness fees? What if I can't attend on the date stated
in the subpoena?
A: Whether a witness receives any witness fee is within
the discretion of the court. A court can order that you receive
witness fees (not to exceed $18 per day) plus reasonable and necessary
expenses after testifying. If you have a conflict with the date
on the subpoena, contact the Deputy District Attorney handling
the case before the appearance date and discuss your conflict.
The name and phone number of the attorney handling that case is
on your subpoena.
Q: I was cited and released
by the police. Can you tell me if the D.A. filed charges against
me?
A: To find out whether charges have been filed against
you, telephone the D.A.'s Office located in the judicial district
where the crime occurred. In Santa Barbara call (805) 568-2300.
In Lompoc call (805) 737-7760. In Santa Maria call (805) 346-7540.
Q: Can I talk to Mrs.
Dudley? I think she's the person handling my case since her name
is on all the documents in my case.
A: Mrs. Dudley is the Santa Barbara County District Attorney
and her name appears on most court documents in your case. Mrs.
Dudley's name also appears on most District Attorney's Office
correspondence in your case just above the signature of the employee
who wrote the letter. The person working on your case is most
likely the person who actually signed the court document or letter.
This is the person you should contact.
Q: I am a defendant and
I don't like the attorney who is representing me. Can I talk to
you or one of your deputies about my case?
A: No. All attorneys are governed by a code of ethics
which prevents them from speaking directly to anyone who has an
attorney. As long as you are represented by an attorney, we may
speak only to your attorney. Any questions that you have about
your case should be answered by your attorney.
Q: I am a defendant and
I want to get a copy of the police report. How do I get a copy?
Is there any cost?
A: If you are a defendant in a case, and you have an attorney,
he or she will obtain a copy of the police report from our discovery
clerk. If you do not have an attorney and you have been charged
with an offense, you can obtain a copy of the police report. You
will be charged $.10 a page with a $5.00 minimum and you must
pay cash and appear in person at the District Attorney's Office
with a picture identification. CLICK
here for locations.
Q: I have a complaint
about your office. How do I contact you and will you respond?
A: Please write to Joyce Dudley at the District Attorney's
Office, 1112 Santa Barbara Street, Santa Barbara, California 93101.
I or someone in authority will contact you about your complaint.
Q: Can you help me file
a Small Claims Court case against a merchant or someone I have a
dispute with?
A: No. If you want to file a Small Claims Court case,
you can go to the Small Claims Court and obtain the necessary
forms. In Santa Barbara it is located in the Courthouse, Superior
Court Clerk's Office, 1100 Anacapa Street, 2nd Floor, Santa Barbara,
California 93101. Telephone: (805) 568-2770. In Lompoc it is located
at Superior Court, 115 Civic Center Plaza, Lompoc, California
93436-6967. Telephone: (805) 737-7790. In Santa Maria it is located
at Superior Court-Cook Division, 312-C East Cook Street, Santa
Maria, California 93456-5369. Telephone: (805) 346-7414.
Q: What information can I get on someone's
case?
A: The name of the defendant, the charges and the next
court date.
Q: If my case
is closed how can I get my property?
A: Our office sends a property release to the law enforcement
agency that handled the case; the agency will then contact you
once they receive a signed release from our office. Expect
to wait at least two weeks or more. Please
contact us if you haven’t received your property in 21
days.
Q: If someone is arrested
what is the time frame they will be in court?
A: In most circumstances they will appear in court in
2 court days.
Q: If I have more
information about a pending criminal case, who
do I give that information to?
A: You can report it to the agency who took
the report.
Q: How can I expunge
my record?
A: Go to the court clerk’s office
for documents or see a criminal defense attorney or the
public defender.
Q: How can I get my criminal history?
A: Contact
the Department of Justice (DOJ). Please click here
Q: Can I report a crime anonymously?
A: Please call Crime
Stoppers of Santa Barbara at 1-877-800-9100.
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