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 proceeding to file, including political pressures, read the articles below.
A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any.
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.
Many factors go into a prosecutor's decision not to file charges against an arrested suspect.
Learn how to handle criminal charges if you are innocent. Get insights into legal strategies and defenses and how to protect your rights.
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,
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.
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.”
Learn what it means to get a target letter from a district attorney, the Department of Justice, or the FBI and why consulting with a defense lawyer is critical.
Prosecutors in state court often have the option of filing felony charges through an indictment rather than a complaint or information.
Law enforcement can't hold a suspect indefinitely without the filing of charges.
Most people who believe they’ve been wrongly accused of a crime want to know what recourses are available.
Threatening to file criminal charges against another to unlawfully gain property or services is a form of extortion. Learn about this crime and other consequences for this behavior.
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At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.