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Charge The Case

Charge the Case

Have you ever wondered what it’s like to read a police report and charge a case?  The Yolo County District Attorney’s Office receives thousands of police reports each year.  For each of those reports, an attorney will read and review the case and–ultimately—make a charging decision.

We have created a scenario for you to review.  We have explained what the different charging options are and what they mean.  Once you have read the police report and reviewed the options, please make a final charging decision.  We are excited to see how our community would charge the case!

Scenario #1: Family Market

Read the Police Report

Police Report

On Thursday, April, 25th, 2024, Officer Smith responded to a call from the Family Market, located on Main St. and obtained the following information: Oscar and Anna Ruiz have owned and operated a small neighborhood market in town for over 30 years. They support their children and extended family with the modest proceeds from the business. Over the last several years, their business has been hurt by a large uptick in shoplifting and after-hours burglaries. The losses they have suffered have started to make it difficult to stay in business. In addition, Oscar also has to spend several hours every morning cleaning up the sidewalk in the front of the store, because people frequently sleep under the store awning during the night and leave behind garbage and sometimes human waste and used needles.

On Thursday morning, Oscar was cleaning up the mess in the front of the store when he watched a young man, approximately 25 year of age, walk into the store with an empty backpack in his hand. Oscar lost sight of the man within the rows of the market, but a few minutes later he saw the same man walking quickly towards the front door exit with the same backpack in his hand, which now appeared to be full. Oscar waved to the man and asked him if he needed any help. The man briefly paused before breaking into a full sprint for the exit. At that same moment, Anna Ruiz, Oscar’s wife, who had been working behind the case register, stepped out from behind the checkout counter and held out her hand in an attempt to stop the man. Instead of stopping, the man pushed Anna to the ground. Oscar ran to help his wife as the man ran out the door.

Police Report

Fortunately, Anna did not suffer any significant injuries, only a scuffed knee. Oscar immediately called the police, who responded approximately an hour later, due to very high volume of calls for service. Once the police arrived, Oscar was able to give them a full description of the suspect and provided the store security video that clearly showed the man stuffing his backpack with several packages of lunch meat, shampoo, and a bottle of vodka, before running out of the store and shoving Anna to the ground. Oscar calculated the value of the stolen items at around $28 dollars. Approximately 20 minutes later, Officer Smith located the suspect sitting on the grass in a nearby park. The suspect was drinking the vodka, while the lunch meat was being consumed by a toddler who was being held by a young woman. Officer Smith also located the backpack with the bottle of shampoo still inside.

Officer Smith handcuffed the man and read him his Miranda rights. The suspect confessed to the crime but explained that he and his family have been homeless and the food was for his daughter. The suspect also admitted that he is an alcoholic and methamphetamine user.

A review of the suspect’s criminal history shows that he has been convicted of petty theft on two previous occasions in the last two years.

Police forward the police reports to you for charging consideration.

What do you do?

Police Report

How Would You Charge The Case?

Reject Case: No Charges Filed

District Attorneys have discretion to refuse to file charges if they believe that a crime cannot be proven beyond a reasonable doubt OR that it is in the interest of justice to refuse charges.

Divert Case: Offer Diversion or Send to Specialty Court

The Yolo County District Attorney’s office, in collaboration with many parties, helped create several specialty courts, including: Addiction Intervention Court & Mental Health Court, and also offers multiple diversion options, such as Neighborhood Court & Steps To Success. The Victim would normally have to agree with Diversion or Specialty Court and would always be entitled to restitution for losses suffered. If the person successfully completes the diversion program, the charges could be reduced or dismissed by the prosecutor and/or judge.

Charge Petty Theft & Battery

Petty theft is a misdemeanor. Petty theft occurs when someone steals something less than $950, and it does not involve force or fear, theft from an occupied home, or after normal business hours. Battery occurs when someone unlawfully touches another person, without their consent. Battery is a misdemeanor. If convicted of a misdemeanor(s), a judge could sentence someone to up to a year in local jail and place them on probation. As part of the sentence, a judge could order the person to engage in treatment or counselling.

Charge Robbery

Under the law, Robbery occurs when a person uses force or fear to permanently deprive someone of their property. Robbery is a violent felony. A judge could sentence someone convicted of robbery to prison for two, three, or five years, at the discretion of the judge. Alternatively, a judge could sentence the person to local probation and up to a year of jail time. As part of a probation sentence, a judge could also order the person to engage in treatment or counselling. If a person goes to prison, they have access to mental health and addiction services offered there.

Final Charging Decision