If the suspect is in custody jail , prosecutors generally must file charges within 48 to 72 hours of the arrest. In other cases when the suspect isn't in custody , it could take days, weeks, or months to file charges. Even after charges are filed, the prosecutor can still amend change the charges or even drop some or all of the charges. The ultimate game-stopper is the statute of limitations—a time limit set in statute determined by legislators for filing criminal charges.
The more severe the crime is, the longer the statute of limitations tends to be and the longer the prosecutor has to file charges.
For instance, in many states, there are no time limits for filing charges in a murder case meaning a prosecutor could file charges even decades after the crime , while the limitations for filing a misdemeanor could be two years or less.
Each state has its own set of rules on statutes of limitations. Once the time limit has expired, the prosecutor can still file the charges, but a defendant can bring a motion to have the charges dismissed. Judges don't have flexibility on this issue—they must dismiss the case.
Let's say the prosecutor files the charges or the grand jury issues an indictment. The suspect—now defendant—will appear before the judge for a hearing to be notified of the charges being filed and the right to an attorney. If the defendant can't afford an attorney, the judge might appoint a public defender. The judge will also evaluate the prosecutor's charges and make a neutral decision on whether the evidence supports the charges.
If bail issues remain, the defendant might argue for a lower bail amount or to be released on the promise to appear O. At this point, the court will likely set future court dates for pretrial motions and hearings. You can learn more about these hearings and the criminal justice process on our Criminal Law page. If you've been arrested or have been charged with a crime, contact a criminal defense attorney as soon as possible.
The criminal justice system is complex and daunting. A lawyer can help you navigate the system, protect your rights, and argue for the best outcome in your case.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Lawyer Directory. Call us at 1 Being charged with a crime is serious. Read about how charging decisions are made, by whom, and what happens next. Who Decides to Press Charges? Prosecutors Press Criminal Charges; Not Victims Victims play an important role in the charging process, often providing key evidence and testimony.
Crime Impacts the Public Crimes affect more than individual victims; they impact the community as a whole—its sense of safety and well-being. For instance, if a theft or burglary victim files an insurance claim for stolen property or property damage, the insurance company will likely request and may even require a copy of the police report.
In assault cases, a victim might want to file a civil lawsuit against the perpetrator for reimbursement of hospital bills. In both instances, filing a police report sooner rather than later can assist in the civil claim or case. But a victim cannot file a police report for the sake of prevailing in a civil claim and then expect the prosecutor to refrain from pressing criminal charges based on the victim's request. Prosecutors stand in the position of seeking justice, not just convictions, and must weigh practical, legal, and ethical decisions when making charging decisions.
These responsibilities serve as checks to protect citizens from abuse of police powers and vengeful charges. Even once the prosecution makes a neutral decision to press charges, a judge or grand jury must also sign off for the criminal case to go forward.
While a prosecutor's decision won't always align with a victim's wishes, the victim can respectfully request to confer with the prosecutor. In some states, the victim has a right to confer with the prosecution and be informed of decisions regarding charges, dismissal of charges, and plea agreements.
The right to confer does not mean the right to control, but it may provide an avenue to understanding why and how decisions are made. If you have questions about your rights as a victim in the criminal justice process, contact an attorney or victim's rights organization in your city, county, or state.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Market Your Law Firm. Lawyer Directory. Call us at 1 That means you need to report the crime as soon as you can to exercise your right to justice. If you are on the fence regarding filling a police report, it can be helpful to consult with local, experienced criminal appeal lawyer with good credentials.
At Brown Stone Law we have a team of skilled criminal lawyers that can handle your case with perfection. Give us a call now to get consultancy from experts. Washington D. Blog Contact Us. File a Police Report The first and foremost thing to do in most cases is to file a police report, including as much information as you can about the nature of the crime and the identity of the person who did committed it.
Supporting evidence for pressing charges can include: Medical reports or proof of physical injuries sustained by you. Proof of destruction of property. Any pictorial or video graphic evidence of the crime.
0コメント