How Criminal Cases Get Started

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.

The Prosecutor's Decision to Press Charges

Prosecutors have wide discretion when it comes to deciding to file charges with the court.

Criminal Charges: How Cases Get Started
Learn how police officers and prosecutors initiate criminal cases.
How the Prosecutor Decides Whether to "Press Charges"
A "good case" for the prosecution needs many of these attributes.
Arrests That Don’t Result in Criminal Charges
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.

How can I get a copy of the police report?
Each locality has specific procedures for obtaining a police report.
Do prosecutors just rubber-stamp the police report?
Many prosecutors don't take the time (or don't have the time) to conduct independent investigations.
Do victims have a say in what gets charged?
Victims' wishes are often quite relevant to a prosecutor's decision on whether to file.
How long after arrest do I have to wait to find out what the charges are?
By law in all states, prosecutors must file charges (or not) relatively quickly.
How will my criminal record affect a prosecutor's charging decision?
A prior criminal conviction will always be considered by a prosecutor.
What's the difference between a civil judgment and a criminal conviction?
A civil judgment is a lawsuit, usually for money. A criminal conviction is punishment brought by the state for violating the law.