1. What can do to try to prevent the other parent from stealing my child?
(From the National Center for Missing and Exploited Children)
Keep and update regularly a complete written description of your child. Include date of birth, color of hair and eyes, height, weight, physical attributes and any other significant identifiers (braces, pierced ears, eyeglasses). Take color photographs of your child every six months. Photographs should be of high quality and in focus so the child is easily recognizable. Head and shoulder portraits from different angles, such as those taken by school photographers, are preferable.
Make sure the dentist updates your child's dental charts each time an examination or dental work is performed. Know where your child's medical records are located. Medical records, particularly X-rays, can be invaluable in helping to identify a recovered child. It is important to have all permanent scars, birthmarks, blemishes and broken bones recorded.
Arrange with your local police department to have your child fingerprinted. In order for fingerprints to be useful in identifying a person, they must be taken properly. Your police department has trained personnel to assist you. The police department will give you the fingerprint card and will NOT keep a record of the child's prints.
Keep this information in a place where an abducting parent cannot obtain it!
3. What if the other parent steals my child and I don't know where they are?
If your child is located in Santa Clara County, you can call that city’s police department or the Sheriff for assistance in recovering your child. Ask for a civil standby. You need to have a certified copy of your most recent custody and visitation order, as well as any restraining orders you may have. If your child is located outside of the county or the state, you can make a police report, and you can contact the District Attorney’s Child Abduction Unit for help.
1. I think I have been cheated by a contractor, tradesman, shopkeeper, or other person who provides labor or services. Can the D.A.'s Office help me?
The District Attorney's Consumer Protection Unit may be able to help, or they may refer you to an agency that can help you. The Consumer Protection Unit also helps consumers who have been victims of false or misleading advertising or unlawful business practices.
2. I want a divorce. And I also want help obtaining child support for my children. Can the D.A. help me?
The District Attorney's Office cannot provide legal advice or take legal action in your divorce. You should consult with your lawyer. If you do not have a lawyer, you can call the Lawyer Referral Service which is operated by the Santa Clara County Bar Association. The phone number is (408) 971-6822. If you cannot afford a lawyer you may call the Legal Aid Society of Santa Clara County at (408) 998-5200 or Senior Adults Legal Assistance at (408) 295-5991.
Contact the Department of Child Support Services for help in obtaining child support at toll free (888) 687-7500 or (408) 503-5200.
3. Does your office have a mechanism to provide DNA testing for persons who have been convicted but protest their innocence?
We are always seeking justice. We will conduct post-conviction DNA testing in cases where evidence still exists and the DNA test results would exonerate the convicted claimant. Persons with such claims should contact Assistant District Attorney Karyn Sinunu via her secretary at (408) 792-2707.
4. I was a victim of a crime. Can you tell me the defendant's next court date?
The District Attorney's Office can provide you with the next court day if we have filed charges against the defendant. To obtain this information, call the District Attorney's Office Records Unit at (408) 792-2500 for assistance.
5. I am a merchant. Can the D.A.'s Office help me collect on a bad check?
The District Attorney's Office has established the Bad Check Restitution Program which may be able to help you. For further information phone 1-800-830-8560.
In Santa Clara County we have a Criminal Grand Jury and a Civil Grand Jury.
The Criminal Grand Jury, consisting of 19 jurors, exclusively hears felony criminal matters, often complex and sensitive cases, such as white collar crimes and child abuse. These Grand Jurors are selected at random in the same manner as trial jurors. If at least 12 jurors find that there is probable cause to believe that a crime has been committed and that the named defendant is guilty, they issue an indictment. An indictment is a document that charges a defendant with one or more crimes. It is filed in the Superior Court.
The Civil Grand Jury members are selected by the Judges of the Santa Clara County Superior Court. These jurors serve for one year. The Civil Grand Jury reviews the civil function and fiscal affairs of city and county government and its agencies and departments. Its findings and recommendations are filed with the Superior Court.
8. What if I have a question for the District Attorney's Office that is not answered in your frequently asked questions?
The District Attorney's Office has Public Information Services available, which is staffed by a full-time paralegal. The Public Information Services paralegal can be reached by calling (408) 792-2504.
9. Does your office offer mediation services to consumers who have disputes with merchants? What if I want to file a Small Claims Court case against the merchant?
Our Consumer Protection Unit has a Mediation Services section which helps consumers with their disputes with merchants. Contact Mediation Services at (408) 792-2880 or download our complaint form and mail it to Mediation Services. If you want to file a small claims court case, you can go to the Small Claims Court for the necessary forms. If you have questions you can call the Small Claims Court Advisor at (408) 370-4440.
10. I have a complaint against your office. How do I contact you and will you respond?
Write to the District Attorney, George Kennedy at the District Attorney's Office, 70 W. Hedding Street, West Wing, San Jose, California 95110 who will respond personally or have someone in authority contact you in writing, by telephone, or schedule an appointment.
In most cases, 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.
For example, if the crime occurred in San Jose, it should be reported to the San Jose Police Department. If the crime was committed in the unincorporated area of the county or where the Sheriff is the contracting law enforcement agency, the crime should be reported to the Sheriff. There are, however, certain exceptions. Specifically, crimes involving consumer fraud or the unlawful discharge of hazardous materials may be reported to the District Attorney's Consumer Protection Unit or the Environmental Protection Unit.
In addition, crimes involving misconduct by public officials may be reported to the District Attorney's Government Integrity Unit. However, reports of misconduct on the part of law enforcement officers should be reported to the internal affairs section or professional standards section of the law enforcement agency with which the officer is employed.
12. I am the victim in a domestic violence case and I want to drop charges. Can I do that?
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.
13. How do I file a domestic violence complaint with your office?
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 a criminal complaint if appropriate.
14. In court the judge ordered the defendant to pay restitution to me. But so far I haven't received anything. Who can help me?
Call the Probation Department at 408/435-2000 and ask for the probation officer who is assigned to the case. The officer can help you get your money if restitution was a condition of the defendant's probation. If the defendant was sentenced to prison, the California Department of Corrections (CDC) can withhold 20% of the defendant's prison earnings. You will need to fill out an application, which can be obtained from the Office of Victim Services and Restitution, the Adult Probation Department or the District Attorney's Office, Victim Witness Advocate. Questions regarding the application can be addressed to the California Department of Corrections, Office of Victim Services and Restitution, Sacramento, California 94283-0001, telephone number 1-888-562-5874.
15. I want a restraining order to keep my spouse or other person away from me. Will the D.A.'s Office do this for me?
No, but a private attorney may be able to help you. If you do not have a lawyer, you can call the Lawyer Referral Service which is operated by the Santa Clara County Bar Association. The phone number is 408/971-6822. If you cannot afford a lawyer you may call the Legal Aid Society of Santa Clara County at 408/998-5200 or Senior Adults Legal Assistance at 408/295-5991. You may be able to obtain a restraining order yourself. You can obtain a packet of documents for a restraining order from the Family Court Clinic of the Santa Clara County Superior Court.
17. Can I talk to Mr. Kennedy? I think he's the person who is working on my case since his name appears on documents in my case.
Mr. Kennedy is the District Attorney of Santa Clara County and, as such, his name appears on most court documents just above the name of the prosecutor who prepared the document. In addition, Mr. Kennedy's name appears on most office correspondence 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 to contact.
18. I am a defendant and I don't like the attorney who is representing me. Can I to talk to you or one of your deputies about my case?
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.
19. 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?
If you are a defendant in a misdemeanor case, and you have an attorney, he or she will obtain a copy of the police report for you from our Discovery Unit. If you do not have an attorney and you have been charged with a misdemeanor offense, you can obtain a copy of the police report for the misdemeanor. You will be charged $6.00 for a police report and must appear in person at the District Attorney's Office and have a picture identification. There is a three-day waiting period for processing. We do not provide police reports until there is a court date. If you have a warrant for your arrest you must clear this up with the police department and get a court date before we will supply you with a police report.
If you are a defendant in a felony case, the court's file will contain a copy of the police report. The court will give your attorney this copy at your arraignment. The Discovery Unit does not provide copies of felony police reports.
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