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Criminal Protection Principles A criminal scenario ordinarily will get started out having a law enforcement arrest report. The prosecutor then decides what criminal rates to file, if any.
A law enforcement officer specifies the crime or crimes that provide(s) as the basis for an arrest. Officers may perhaps advise the prosecution file more charges, also. But prosecutors get for making the final word choice on what the charges are going to be.
Some cases can then visit a grand jury for a criminal indictment or to some preliminary hearing, where by a decide decides when there is adequate evidence to proceed. Here's how this all functions.
choose that the situation will be a felony and may visit a grand jury, that will make your mind up what rates, if any, to file, or
Remember that prosecutors' Preliminary costs are subject matter to change. One example is, a prosecutor may well not generate a final choice on what expenses to file right up until after a preliminary Listening to, which can happen greater than a month after arrest.
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Charging process differs significantly amongst federal and state court docket, from one condition to another, and in some cases involving locales inside the similar condition. In the event you’ve been arrested, consult with a qualified criminal protection lawyer.
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establish that the situation ought to be billed (like a felony or simply a misdemeanor), and file a "complaint" (the charging doc might go by a different title) Along with the court
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