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Some conditions can then visit a grand jury to get a criminal indictment or to a preliminary Listening to, wherever a decide decides when there is plenty of evidence to continue. Here's how this all operates.

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A police officer specifies the crime or crimes that provide(s) as The idea for an arrest. Officers might suggest which the prosecution file added prices, as well. But prosecutors get to create the ultimate conclusion on what the charges will probably be.

determine that the case really should be charged (to be a felony or a misdemeanor), and file a "complaint" (the charging doc may possibly go by a unique name) Together with the court docket

Criminal Defense Fundamentals A criminal circumstance normally receives started using a police arrest report. The prosecutor then decides what criminal rates to file, if any.

Remember the fact that prosecutors' initial prices are topic to alter. One example is, a prosecutor may not come up with a closing selection on what costs to file until eventually after a preliminary hearing, which may happen a lot more than per month after arrest.

make a decision that the situation could be a felony and will go to a grand jury, which will make your mind up what expenses, if any, to file, or