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Criminal Protection Principles A criminal situation commonly will get started off with a police arrest report. The prosecutor then decides what criminal rates to file, if any.
A police officer specifies the crime or crimes that serve(s) as The premise for an arrest. Officers may well suggest which the prosecution file more rates, also. But prosecutors get to generate the last word decision on what the fees might be.
Some cases can then visit a grand jury for your criminal indictment or to the preliminary Listening to, exactly where a choose decides when there is plenty of evidence to progress. This is how this all works.
make your mind up that the situation can be a felony and will go to a grand jury, which is able to decide what expenses, if any, to file, or
Keep in mind that prosecutors' Preliminary prices are matter to alter. By way of example, a prosecutor may well not create a last determination on what fees to file right until after a preliminary Listening to, which can take place more than a month after arrest.
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Charging process differs significantly among federal and state courtroom, from a single point out to another, and even involving locales throughout the identical state. In case you’ve been arrested, seek the advice of an experienced criminal defense lawyer.
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establish that the case need to be charged (as being a felony or simply a misdemeanor), and file a "complaint" (the charging doc may possibly go by a unique name) With all the court
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