How Does A Prosecutor File Charges?

What is the difference between a lawyer and a prosecutor?

A lawyer is a person who is licensed to practice law.

A prosecutor is a lawyer that works for a prosecutors office, which is essentially a government law firm whose only client is the State, and the State pays the prosecutors office to uphold it’s laws.

All prosecutors are lawyers but not all lawyers are prosecutors!.

Can a defendant contact the prosecutor?

You definitely should NOT contact the prosecutor in your case. You really need to have a criminal defense attorney to represent you and to conduct all communication with the prosecutor. While it is unlikely that the prosecutor would speak with…

How does a prosecutor decide to file charges?

The prosecutor then reads the police report and decides whether or not the person who’s been arrested should be charged with a crime. Alternatively, the prosecutor can go to a grand jury and ask them to decide what criminal charges should be filed (called an indictment).

Do prosecutors always file charges?

The officer may recommend certain charges, but only the prosecutor has the power to formally file criminal charges against you. If the prosecutor determines that there is enough evidence to proceed, he or she will draft a formal complaint to file with the Court.

How long does a prosecutor have to charge you?

one yearIn California, prosecutors have one year to file charges from the date DNA is used to establish a suspect. However, cold cases can be complicated. If you or a loved one are implicated in a cold case, call a criminal defense lawyer immediately.

Why do prosecutors sometimes choose not to prosecute?

There are several reasons a prosecutor may choose not to pursue a criminal case. Political pressure. … Because the role of top prosecutor is an elected position in many jurisdictions, prosecutors may face political pressure to prosecute or refrain from prosecuting a person suspected of committing a crime.

What happens if prosecutor drops?

A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn’t strong enough. … If charges get filed regardless of insufficient evidence, then our attorney can file a motion of case dismissal. Fourth Amendment violations.

Where do I go to file charges against someone?

Unlike civil lawsuits where the victim is able to directly file charges against the person who committed an offense, criminal lawsuits can only be filled by the prosecutor’s office. As mentioned earlier, only the prosecutor’s office has the power to file criminal charges against the accused.

Does the prosecutor talk to the victim?

The prosecutor, victim, defendant and his/her attorney may comment to the court on matters they believe are important regarding the sentencing. The victim is offered anopportunity to speak to the judge about the impact the crime has had on his/her life.

What happens after charges are filed?

After a person is charged with a crime, the case proceeds through a series of court hearings. Before a trial date, hearings may be held to set bail, to formally charge the defendant, to schedule later proceedings, to enter a plea bargain, or to hear motions or resolve other pretrial issues.

How do you know if someone pressed charges?

Arrest. The most obvious way to find out if charges are being pressed is when you’re arrested, taken to the police station, and booked: your fingerprints are taken, among other requirements. … In the meantime, the police investigate the circumstances of your arrest and provide any evidence to the prosecutor.

How long does it take for a case to get dropped?

According to government statistics, it took an average of 357 days for a case to get all the way to the Crown Court, and an average of 178 days in court to get to an outcome.

What happens when a case is filed?

Filing suit is done by filing a document called a Complaint with the Court stating how the incident occurred and setting forth the claims. This document is then served upon the defendant(s) to begin litigation. … Often, the litigation process will position a case for a better settlement result without the need for trial.

What happens when charges are not filed?

Simply put, if the charges are not filed within the time limit allowed by law, you cannot be prosecuted. … Charges often filed after the Court date you were given when cited or arrested. Prosecutors like to review and file the cases by the Court date to avoid additional notification or arrest.

Can a victim visit a defendant in jail?

Jails are typically run by county agencies for misdemeanor sentences (less than one year). While prisons are run by state or Federal government to house people convicted of felonies (1 year to life). If a victim wants to visit an offender they can request to do so…. there is no law against it.

Should a victim get a lawyer?

Hiring an attorney allows him or her to conduct a hearing to facilitate the victim restitution process, and often expedites the results because criminal attorneys understand how the system works better than victims do.

What happens when you press charges on somebody?

A person may be charged with a crime before they are arrested. If this happens, a judge will issue a warrant for the person’s arrest. … After a person is arrested, they will be “booked” at the police department.

Why did prosecutors drop charges?

Prosecutors have dropped all charges against US actor Jussie Smollett for allegedly staging a racist and homophobic attack. … The city’s mayor denounced the prosecutors’ decision to drop the charges as a “whitewash of justice”.

Can you sue if charges are dismissed?

If a prosecutor files such a case and the charges are dismissed, the defendant can sue for malicious prosecution and seek financial damages. The law that allows a malicious prosecution suit is aimed at preventing and addressing abuse of the legal process.