District Attorney's Office
The Santa Clara County District Attorney’s Office prosecutes misdemeanor and felony crimes throughout the county and provides services for crime victims, consumers, and residents reporting certain types of fraud. This article explains how a case reaches the office, which services handle common requests, what information to prepare, and how to avoid contacting the wrong agency.
What the District Attorney’s Office Does
The District Attorney’s Office reviews cases submitted by law enforcement agencies, decides whether to file criminal charges, and prosecutes cases in court. Its jurisdiction includes Santa Clara County’s cities and unincorporated areas. Prosecutors represent the People of the State of California. They do not act as personal attorneys for victims, witnesses, or people who submit complaints.
The office also has specialized teams for victim support, consumer protection, real estate fraud, child abduction, community prosecution, investigations, and other work. The official District Attorney’s Office website is the starting point for its services and contact information. If you know the type of help you need, the office’s service directory lets you search by service name or filter by topic, then open the relevant service page.
Charges and police investigations
A crime is generally reported to a law enforcement agency first. Officers investigate by interviewing people, collecting evidence, examining a scene, and identifying possible suspects. In many cases, the agency then sends reports and a complaint or warrant request to the District Attorney’s Office. A prosecutor reviews the available reports, records, witness statements, and other relevant information before deciding whether to authorize charges. The prosecutor may return the case to police for additional investigation.
An arrest does not itself mean that the District Attorney’s Office has filed charges. Likewise, a report to police does not guarantee a prosecution. The office’s explanation of a criminal case describes the steps from investigation and charging review through arraignment, pretrial proceedings, trial, and sentencing.
Where to Report a Crime
The District Attorney’s Office accepts reports directly for certain matters, including insurance fraud involving workers’ compensation, health, or disability insurance; elder fraud; real estate fraud; elder or dependent adult abuse or neglect; consumer protection matters; high-tech crimes; and misconduct by public officials. Its official questions and answers identify these categories and explain when to contact local law enforcement.
For a crime outside those categories, contact the law enforcement agency where it occurred. That agency can investigate and forward a report to the District Attorney’s Office for review if it believes a crime occurred. In an emergency, call 911.
Information to have ready
The right details depend on the matter you are reporting. Before contacting an office or opening a complaint form, gather the information you already have about the incident, the people or business involved, and any reports or records connected to it. For a business transaction, identify the business and the transaction at issue. For suspected real estate fraud, identify the property and the transaction or document that concerns you. Provide accurate information rather than treating a suspicion, an arrest, or an advertisement as proof that a crime has been established.
If you already reported an incident to police, identify the agency that took the report when contacting the District Attorney’s Office. A police report, a criminal court case, and a complaint submitted to a specialized District Attorney unit serve different purposes; one does not automatically replace another.
Help for Crime Victims
The Victim Services Unit connects victims with prosecutors, law enforcement, other criminal justice agencies, and local resources. Victim Advocates can provide support during court hearings and help victims participate in the criminal justice process. The unit’s published hours are Monday through Friday, 8:30 a.m. to 4:30 p.m.; it is closed Saturday and Sunday. Its page also offers information in Spanish, Vietnamese, and Chinese.
If charges have been filed, the District Attorney’s Office can provide a victim with the defendant’s name and the next court date. Victims can contact the Victim Services Unit for that information. A person who has reported a crime should distinguish a police investigation from a charged court case: the office’s description of this court-date service applies when charges have been filed.
Will a victim have to testify?
Not every charged case goes to trial, and not every victim is required to testify. Some cases resolve through a negotiated disposition. The office says a victim’s concerns and rights are considered during those discussions, while the prosecutor makes decisions on behalf of the People of the State of California. A victim can communicate their wishes, but cannot personally dismiss criminal charges. The District Attorney’s Office makes the decision whether to seek dismissal.
A subpoena requires separate attention. If you are served with one, the office says you must come to court and bring the subpoena. Failing to appear may result in a fine or jail sentence imposed by the judge. Do not assume that a case has resolved, or that you are excused from appearing, solely because you have not received another update.
Restitution and crime-related expenses
Restitution concerns financial harm caused by a crime. The District Attorney’s Office says its policy is to assist victims in receiving restitution from convicted defendants in appropriate cases. Its published forms include a Victim Statement of Loss in English, Spanish, Vietnamese, and Tagalog, along with other restitution forms. Review the District Attorney forms page to identify the form relevant to your situation.
Restitution and help with immediate expenses are different matters. The office says the California Victim Compensation Program may assist eligible victims and families with out-of-pocket crime-related costs such as medical and counseling bills, and that the Victim Services Unit can help with the forms. The office does not represent an individual victim in a private claim or provide that person with legal advice.
Consumer and Fraud Complaints
Problems with a business
The Consumer Protection Unit investigates and prosecutes unlawful business practices, false advertising, and other violations of law. Its Consumer Mediation Unit also assists consumers and businesses in trying to resolve differences through informal mediation. The District Attorney’s forms page provides a Consumer Protection Complaint Form in English, Spanish, and Vietnamese.
A complaint about a business does not make the prosecutor the consumer’s attorney. In a criminal complaint or civil action brought by the office, the assigned prosecutor represents the People of the State of California. Informal mediation is a distinct service from an investigation or prosecution. When describing a disputed transaction, state what the business advertised or agreed to, what happened, and what records you have; do not assume that submitting a complaint guarantees a particular outcome.
Real estate and major fraud
The office accepts real estate fraud reports and provides a Real Estate Fraud Complaint Form in English, Spanish, and Vietnamese. Its Real Estate Fraud Unit works to deter, investigate, and prosecute these cases. A suspected forged deed or fraudulent transfer is an example of the type of concern identified in the office’s questions and answers. Use the real estate fraud route for a property-document concern rather than sending it as a general complaint about a store or service.
The service directory also identifies a Major Fraud Unit complaint service for fraud involving losses of $100,000 or more. That dollar amount describes the service listed by the office; it should not be treated as a general minimum for reporting every kind of fraud. The office separately identifies elder and dependent adult financial abuse and certain insurance fraud matters among the reports it accepts directly.
Specialized District Attorney Services
Child abduction and family violence
The Child Abduction Unit of the Family Violence Division works on cases in which a parent or family member has abducted a child. The office explains that California prosecutors can use civil and criminal laws in child abduction and visitation violation cases. Its service directory includes instructions for seeking help recovering a child after a missing-child report has been filed. The division also has a unit handling criminal cases involving physical abuse, endangerment, and neglect of children, including incidents in homes, schools, and hospitals.
These functions address different circumstances. A custody or visitation concern, a missing-child report, and an allegation of child abuse should be described accurately so the office can identify the appropriate unit and process.
Community prosecution and investigations
Community Prosecutors work with County and city agencies, law enforcement, and residents to address neighborhood conditions and activities that increase community risk. The office also lists help with preventing truancy among its services. These community efforts differ from the review of a particular police report for criminal charges.
The Bureau of Investigation supports prosecutors and law enforcement with further investigative work and assistance involving victims. Its role does not end when an arrest is made. The office’s departments directory identifies specialized teams and provides unit contact details, including those for the Bureau of Investigation, Community Prosecution Unit, Consumer Protection Unit, and Central Felony Team. Use the unit name and its stated responsibilities to direct a question; a team’s involvement in a category of cases does not mean it can provide information about every individual case.
What Happens After Charges Are Filed
Arraignment is the defendant’s first court appearance on a misdemeanor or felony charge. The court informs the defendant of the charge and rights, and addresses matters such as bail. The charging document at this stage is a complaint. After arraignment, the path depends in part on whether the charge is a misdemeanor or a felony.
Misdemeanor and felony paths
In a misdemeanor case, the defendant has an opportunity to enter a plea at arraignment. If the case is contested, it may move to a pretrial conference and other proceedings before a possible trial. In a felony case, a preliminary hearing may address whether there is probable cause for the case to proceed. If the defendant is bound over for felony trial, there is another arraignment, and the charging document at that point is called an Information.
Pretrial proceedings can involve discussions about resolving a case and hearings on issues raised with the court. At trial, the prosecutor must prove guilt beyond a reasonable doubt. A defendant is not required to prove innocence or present evidence. If a defendant is found guilty, sentencing follows; the judge makes the sentencing decision. These stages explain why a filed charge, a scheduled hearing, and a conviction are not interchangeable descriptions of a case.
Questions about a pending case
Victims seeking the defendant’s name or next court date after charges have been filed can contact Victim Services. A represented criminal defendant should communicate through their attorney: the office says its prosecutors cannot speak directly with a defendant who already has an attorney. For a copy of a police report, contact the agency that created the report. The District Attorney’s service directory separately lists requests for police reports, recordings, and photos in misdemeanor cases for defendants; that specific service should not be confused with a general request for any police record.
The office also says it may not discuss a person’s prior criminal record unless that information is part of a current felony complaint. Juvenile proceedings and records have additional access restrictions. A person seeking a juvenile record should not assume that the public access rules for an adult criminal case apply.
District Attorney Offices and Units
Office of the District Attorney — 70 West Hedding Street, San Jose, CA 95110 — (408) 299-7500
Victim Services Unit — 70 W. Hedding Street, San Jose, CA 95110 — (408) 295-2656
Consumer Protection Unit — 70 W. Hedding Street, San Jose, CA 95110 — (408) 792-2880
Bureau of Investigation — 70 W. Hedding Street, San Jose, CA 95110 — (408) 792-2888
Central Felony Team — 70 W. Hedding Street, San Jose, CA 95110 — (408) 792-2576
District Attorney's Office FAQs
How can I get alerts when an inmate is released?
Santa Clara County’s Victim Information and Notification Everyday (VINE) system lets victims sign up for alerts about an inmate’s release, transfer, or escape. Notifications are available by phone or email, registration is confidential, and the service is available in English, Spanish, and Vietnamese. The District Attorney’s official FAQ explains how to register.
How do I raise a concern about a prosecutor?
Describe the case and the conduct that concerns you when submitting a complaint to the District Attorney’s Office. Include the prosecutor’s name and case number if you know them, and explain what happened in chronological order. The office says it responds to concerns about its staff by telephone or in writing. Its official FAQ provides the current complaint route.
Can I see records from a juvenile case?
Juvenile proceedings are generally closed to the public, and access to juvenile records is restricted. According to the District Attorney’s Office, someone seeking review and release of those records must submit a written petition to the court. Do not assume that a family relationship or knowledge of the case gives you access. If a juvenile is charged in adult court under applicable circumstances, adult court access rules differ.
Where can I find a specific deputy district attorney?
Use the office’s attorney directory to look for a particular attorney and check office locations and directions. If you know only the case number, have it ready when asking the office to identify the assigned prosecutor. A victim seeking help with the court process can also review the office’s Victim Services page.