How Prosecutors File Criminal Charges in Court
It's up to the prosecutor to file formal charges.
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The police report contains the officer's version of what happened, along with any witness statements and, sometimes, statements by the suspect. The report may also contain the results of investigations or lab results. But not all police reports result in filed charges -- charges that the prosecutor gives to the clerk in the courthouse, to formally lodge with the court. To understand the factors that mitigate for and against proceding to file, including political pressures, read the articles below.
What Goes Into the Prosecutor's Decision tp Press Charges?
Prosecutors have wide discretion when it comes to deciding to file charges with the court.
A "good case" for the prosecution needs many of these attributes.
An arrest may not lead to a filed charge in many situations.
Questions About the Prosecution Pressing Charges
These questions often arise when considering the charging process.
Each locality has specific procedures for obtaining a police report.
Many prosecutors don't take the time (or don't have the time) to conduct independent investigations.
Victims' wishes are often quite relevant to a prosecutor's decision on whether to file.
By law in all states, prosecutors must file charges (or not) relatively quickly.
A prior criminal conviction will always be considered by a prosecutor.
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