So, you think you’re a victim of a theft or fraud?
Step one: Gather your information. Are there any records, photos, or other witnesses to help confirm and tell your story? You want to provide a clear and complete picture to law enforcement.
Step two: Figure out the jurisdiction. Generally, jurisdiction is where the crime occurred. The exception is identity theft, which is in the jurisdiction where the crime occurred and in the victim’s home county.
Step three: Call law enforcement in the correct jurisdiction. Law enforcement investigates and will determine if there is a strong case.
Step four: Talking to Victim Assistance. Victim Assistance is a unit that specifically caters to victims. Most often the issue VA addresses in theft and fraud crime is restitution. Defendants have a right to challenge restitution figures. This means estimates, bills, and receipts are important. Please respond to letters and calls, as lack of participation by the victim may bar prosecution of the case.
Step five: Know the general procedure:
- Cases are reported and investigated;
- A warrant is taken and an arrest is made;
- Defendant is bailed out or has a preliminary hearing;
- Defendant is indicted or accused (formally charged);
- Defendant is arraigned (a formal reading of the charges).
- Defendant is placed on a trial calendar
Step six: Trial. Most likely the prosecutor will want to meet with you to discuss your testimony. Once subpoenas are issued, you must call the office. We may be able to give you a date range, and then just before trial we may be able to say what day.
Step seven: Understand the job of prosecution. Criminal law is not a “zero tolerance” type system. Every case must be handled individually, the State must prove the case, and not every felony conviction results in a defendant going to prison for decades and decades. Prosecutors don’t just represent the victim. We represent law and order in the State of Georgia. We decide (though a victim’s opinion can weigh heavily) whether a case is dismissed. However, prosecutors are very interested in the concerns of victims. Victims can help by highlighting what the most important issues are to them in regards to resolving the case.