How Criminal Cases Get Started
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.
The Prosecutor's Decision to Press Charges
The Prosecutor's Decision to Press Charges
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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.
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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.
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Arrests That Don't Result in Criminal Charges
Many factors go into a prosecutor's decision not to file charges against an arrested suspect.
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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
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A charging document is a pleading that initiates criminal charges against a defendant. It—not arrest—signifies the commencement of a criminal case.
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In a criminal case, a demurrer is a defendant’s assertion that the document laying out the charges—the complaint,
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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.
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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.”
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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.
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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
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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.
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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.
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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.
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