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Some scenarios can then go to a grand jury for just a criminal indictment or to a preliminary hearing, wherever a judge decides when there is smuggling enough proof to commence. Here is how this all is effective.
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A police officer specifies the crime or crimes that provide(s) as the basis for an arrest. Officers may well propose which the prosecution file additional rates, way too. But prosecutors get to generate the last word determination on what the fees are going to be.
identify that the situation ought to be charged (as being a felony or perhaps a misdemeanor), and file a "complaint" (the charging doc may perhaps go by a different name) with the court docket
Criminal Defense Essentials A criminal circumstance typically receives begun having a law enforcement arrest report. The prosecutor then decides what criminal expenses to file, if any.
Take into account that prosecutors' initial costs are matter to vary. For example, a prosecutor may well not make a closing conclusion on what charges to file until finally after a preliminary Listening to, which may occur a lot more than per month after arrest.
choose that the case might be a felony and will visit a grand jury, that will determine what expenses, if any, to file, or