How does a criminal case get started? A case does not actually start with a suspect's arrest. If no charges are pressed against the suspect, then the case will never go to trial or even become a situation worth getting an attorney involved.
Instead, the charges for your crime probably were filed in a police arrest report, which correlates with the time that you were apprehended by law enforcement. The prosecutor then decides what criminal charges to file based on the information in the police arrest report. The case will then go to a grand jury if necessary for a criminal indictment or to a preliminary hearing where a judge decides if there is enough evidence to proceed with the case.
Essentially, a case will start with the arrest report, which is then sent to the prosecuting attorney on the case. The prosecuting attorney reviews the report and decides which crimes were committed in the process. Arrest reports normally summarize all events leading up to the arrest and providing numerous other details, such as the date, time and location of the crime. The report also normally has a list of witnesses' names and addresses so that they can take part in the case if necessary.
The prosecutor will then decide that the case should be charged as a felony or misdemeanor and file a complaint with the trial court. When the prosecutor decides on the charges, he or she will often look at policies about certain crimes and determine the approach that way. Some communities have certain policies regarding crimes that they are campaigning against at present.
Also, prosecutors can decide how to charge a crime based on their own political ambitions. Many prosecuting attorneys are elected officials, and they may want to choose their approach to cases based on what will best benefit an ongoing campaign. Also, some decisions are influenced by the prosecutor's sense of what justice requires. Sometimes this can work to a defendant's advantage, especially if he or she has a relatively clean record.
In other cases, the prosecutor will decide that the case should be charged as a felony and will bring evidence before the jury who will decide which charges to file. Grand juries are made up of citizens of the United States. Normally, grand juries are made up of a group of people that deal with cases for between six and eighteen months. The grand jury's main job is to determine if there is enough evidence to warrant a trial, and if there is then decide what charges are necessary.
Normally, if a case goes to the grand jury, then the defendant has the right to a preliminary hearing. A defense attorney can attend this hearing and argue in the defendant's case. In some cases, a prosecutor may decide that the case shouldn't be pursued at all, and will dismiss the charges. Oftentimes , a defense attorney can even start working for the client at this early stage, negotiating with the prosecution for a case dismissal based on a lack of evidence or discrepancies in the police report.
The charges for any crime need to be filed quickly. Most often, the charges need to be filed within 72 hours of arrest. Some jurisdictions require prosecutors to charge a suspect even sooner. Prosecutor's initial charges are subject to change, as a final decision is not required until about a month after the arrest. If you have been arrested then you may want to get a criminal defense attorney working on your case right away. With the right attorney there to help you, you may be able to get your charged dismissed or reduced before the trial begins! Act right now by contacting an attorney near you right away!
