Neighborhood Courts
Participant Legal Rights

1.	The program is voluntary: It is your decision whether or not to participate.

2.	You do not need to discuss your case: You should not say anything about your arrest or case to anyone until you have    decided to participate.

3.	If you have legal questions, you can call a lawyer: You can speak to a defense attorney at no cost to you by calling the Public Defender’s Office at (415) 553‐1671. Ask for the Attorney of the Day.

4.	The District Attorney is offering for you to go to Neighborhood Court instead of having your case go through the criminal justice system.
For misdemeanors, that means you do not have to go to Criminal Court if you go to Neighborhood Court. There is a chance that the case would be dismissed in Criminal Court even if you don’t participate in Neighborhood Court.

5.  You must take responsibility for the actions you were charged with in order to participate in this process.  
IF YOU WISH TO CONTEST THE CHARGES YOUR MATTER WILL BE RETURNED TO THE CRIMINAL COURTS AT 850 BRYANT STREET.

6.	You have a right to a lawyer in criminal court: If your misdemeanor case is prosecuted in criminal court and you cannot afford an attorney, one will be appointed to defend you.

7.	Arrest records are separate from this process: After you have fulfilled all of the obligations at Neighborhood Court, your case will be dismissed, you will not have a conviction on your record and no further criminal proceedings associated with this citation will be initiated.  However, if your case in Neighborhood Court today is pending or unresolved because you did not complete your obligations AND you are arrested or cited for another offense within one year of the incident, the two cases may be combined and charged together. 

An arrest of the incident will be on your record if you were photographed and fingerprinted. You may petition to have your arrest sealed if you are not arrested or cited for another criminal offense within two years of completion of your obligations in Neighborhood Court. This means that the District Attorney’s Office will not oppose your petition and you will be able to say legally that you were not arrested.

You will need to contact the Clean Slate Program at the Public Defender’s office for further instructions. Clean Slate can be reached at (415) 553‐9337.

Feb/2015

Neighborhood Courts
Participant Frequently Asked Questions

1.	What is Neighborhood Court?

Neighborhood Court is an alternative to the traditional Criminal Justice system. Instead of prosecuting the case in Criminal Court at 850 Bryant, the District Attorney’s Office refers appropriate low level misdemeanor cases to Neighborhood Court. At Neighborhood Court, panelists—residents who live and work in the community where the incident occurred—hear the case. There are no judges, defense attorneys or prosecutors. Hearings are held at various community locations throughout the City, not at 850 Bryant. The Panel uses restorative justice to problem‐solve and address any harm caused to the community by the incident. All Neighborhood Court hearings are voluntary and confidential.

2.	How do cases get referred to Neighborhood Court?

If a misdemeanor case is appropriate for Neighborhood Court, the District Attorney’s Office will send a letter to the person cited. If you have received a letter stating that you may be eligible for Neighborhood Court, please call the number on the letter to get more information, determine your eligibility, and schedule a hearing date. Neighborhood Court is a voluntary program about repairing any harm caused to the community by the incident. If you decline to participate, or you would like to dispute the incident in question, or you do not make contact, your case will proceed to the criminal court system at 850 Bryant.

3.	What happens when I go to Neighborhood Court?

A panel of 3 to 4 residents will meet with you, read you the police report and discuss the incident with you. After the panel has spoken with you, they will ask you to step out while they determine an appropriate “directive,” or action that you can take to repair the harm caused by the incident. The panel will then ask you to come back into the room and issue the directive. Directives can include, but are not limited to: community service, restitution, a letter of apology, or a treatment program. To be successful in Neighborhood Court, and get your case dismissed, you must complete the directive.

4.	Do I need to go to Criminal Court too?

If you attend Neighborhood court, you do not need to go to Criminal Court. Neighborhood Court is an opportunity to resolve your case without going to Criminal Court. If you successfully complete Neighborhood Court, you will not be charged with a crime and you will not have a criminal conviction on your record. In Neighborhood Court, you cannot be sent to jail.

5.	I thought my case was dismissed, why am I being asked to go to Neighborhood Court?

Your case has not been dismissed. It has been discharged to Neighborhood Court. That means that you are eligible to resolve your case through Neighborhood Court. Participation is voluntary. If you choose not to participate, or if you fail to comply with the Neighborhood Court directive, the case is referred back to the DA’s Office for a filing decision. If you participate and successfully complete the directive, the DA’s Office will not charge the case and the matter will be dismissed.

If you have legal questions, you can call a lawyer: You can speak to a defense attorney at no cost to you by calling the Public Defender’s Office at (415) 553‐1671. Ask for the Attorney of the Day.
													Feb/2015