How Criminal Cases Get Started
The Prosecutor's Decision to Press Charges
The Prosecutor's Decision to Press Charges
-
Criminal Charges: How Cases Get Started
A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any.
-
How Do Prosecutors Decide Which Cases to Charge?
Police officers arrest suspects, but prosecutors decide whether to file formal charges against suspects. Learn how charges are filed and what factors prosecutors may consider in deciding on particular charges.
-
Arrests That Don't Result in Criminal Charges
Many factors go into a prosecutor's decision not to file charges against an arrested suspect.
-
How Innocent Defendants Handle Criminal Charges
Even the most well-intentioned prosecutors file charges against innocent suspects occasionally. Other than going to trial, how can innocent defendants avoid trial, a guilty plea, or verdict?
Questions About the Basics of Criminal Charges
Questions About the Basics of Criminal Charges
-
A charging document is a pleading that initiates criminal charges against a defendant. It—not arrest—signifies the commencement of a criminal case.
-
In a criminal case, a demurrer is a defendant’s assertion that the document laying out the charges—the complaint,
-
What's the difference between nolle prosequi and dismissal of charges?
Nolle prosequi is a Latin phrase meaning “will no longer prosecute” or a variation of the same. It amounts to a dismissal of charges by the prosecution.
-
What Is a Criminal "Complaint"?
An arrest, by itself, doesn’t begin formal criminal proceedings. Rather, the filing of a document in court is required. In most instances in state court, the document is a “complaint.”
-
What Is an Indictment? How Is an Indictment Different From an “Information”?
Prosecutors in state court often have the option of filing felony charges through an indictment rather than a complaint, which requires a preliminary hearing in front of a judge before an “information” can issue.
Questions About the Filing of Charges
Questions About the Filing of Charges
-
How Long After Arrest Do I Have to Wait to Find Out What the Charges Are?
Law enforcement can't hold a suspect indefinitely without the filing of charges.
-
Can I Sue the Prosecution for Filing Charges Against Me?
Most people who believe they’ve been wrongly accused of a crime want to know what recourses are available.
-
Threatening to Press Criminal Charges: Is That Legal?
Lawyers who threaten to take opponents to criminal court in order to gain an advantage are generally subject to discipline for unethical behavior.