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A law enforcement officer specifies the crime or crimes that serve(s) as The idea for an arrest. Officers may well recommend that the prosecution file added fees, as well. But prosecutors get to help make the last word choice on what the fees are going to be.
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determine that the situation ought to be billed (as being a felony or perhaps a misdemeanor), and file a "criticism" (the charging document might go by another identify) Along with the court docket
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Charging process differs noticeably in between federal and state court, from a single Recommended Reading state to another, and perhaps between locales within the similar condition. In the event you’ve been arrested, check with a seasoned criminal protection attorney.
determine that the case would be a felony and may visit a grand jury, which is able to determine what costs, if any, to file, or
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Criminal Defense Basic principles A criminal circumstance ordinarily will get started off having a police arrest report. The prosecutor then decides what criminal charges to file, if any.
Some circumstances can then go to a grand jury for any criminal indictment or to the preliminary hearing, exactly where a judge decides if there is enough proof to move forward. Here's how this all will work.
Keep in mind that prosecutors' First rates are matter to change. Such as, a prosecutor might not generate a ultimate conclusion on what rates to file until finally after a preliminary hearing, which may happen a lot more than a month after arrest.
Some circumstances can then visit a grand jury for the criminal indictment or into a preliminary hearing, where by a judge decides if there is adequate evidence to continue. This is how this all works.