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Published April 23rd, 2014
Seeing Justice Served - Investigating and Prosecuting Crimes in Orinda

You call the Orinda Police to report a stranger peering through the back windows of a neighbor's home. The black and whites roll, police spot the dastardly dude and hustle him out from the back yard and into a waiting cruiser. So, what happens next?
"The criminal investigation and subsequent prosecution process requires thorough documentation from investigators, officers and citizens," explains Orinda police chief Mark Nagel. Once compiled, evidence from the crime scene is presented to the Contra Costa County Office of the District Attorney, along with reports from each police officer involved, fingerprints, crime scene measurements, photographs, line-ups of suspects, and crime victim and suspect statements. Second interviews may also be conducted if a crime lab report or other additional evidence comes in.
Meanwhile, the suspect remains in jail - up to 72 hours before the county must release him. Or, if police can pull documentation together quickly, his heels may be cooling until arraignment.
Sometimes, though, the district attorney may rule that a suspect must be released because hold time has run out and more investigation is needed. A suspect may certainly be rearrested once the sleuthing is done, but during that time, the person is free to continue committing crimes if so inclined. That's why it's important for burglary victims, for example, to hop to it and quickly provide investigators with a list of items stolen. "Police often aren't given a list for days, weeks or months, and that delay can hamper the investigation," potentially leading to the victimization of other Orindans.
That is why it is also vital for anyone who may have witnessed a potential crime to call police or email right away via: orindatip@cityoforinda.org. "We've already had a few people submit," says Nagel. One resident sent a cell phone picture with the license plate of a suspicious car. Another Orindan, who has a camera mounted on the dashboard of his car, turned in video of a white Ford Explorer that just happened to show the same vehicle that was being scrutinized in relation to a Lafayette home burglary.
"When you get the little hairs on the back of your neck standing up," says Nagel, don't just suppress that inner voice. Call the police and let the dispatcher make the decision whether or not an officer needs to respond.


So, we're going to court, right?


Not necessarily. Even if OPD does its typically thorough job, a plea deal may be reached, charges may be reduced - or the district attorney may elect not to prosecute. "Contra Costa County receives thousands of cases a year," observes Nagel, "and there aren't enough prosecutors, judges and courtrooms to try every case in front of a jury."
And there also aren't enough jail cells to hold everyone - a situation that has only worsened since Governor Jerry Brown signed a law reducing the state's prison population. "AB 109 shifts the responsibility from incarcerating many low risk inmates from the state to county jails," explains Nagel. Law enforcement professionals statewide have observed that this may be causing county systems to release criminals early in order to release their own now-overcrowded facilities, and are also looking at whether AB109's implementation may be related to the recent spike in burglaries and auto thefts.
Despite this frustrating situation, though, Nagel wants residents to remain vigilant and engaged. "The bad guys, they don't want to be seen. Once they realize they've been spotted and can be identified, most will move on," says Nagel. If they don't, the sooner OPD arrives on scene, the better the chance they'll have enough evidence to bring the crooks to justice.

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