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Criminal Protection Basic principles A criminal situation commonly receives started out having a law enforcement arrest report. The prosecutor then decides what criminal costs to file, if any.
A police officer specifies the crime or crimes that serve(s) as The premise for an arrest. Officers may possibly propose the prosecution file additional charges, way too. But prosecutors get to generate the ultimate conclusion on what the costs might be.
Some instances can then visit a grand jury for just a criminal indictment or to the preliminary hearing, in which a decide decides when there is enough proof to carry on. Here's how this all operates.
make a decision that the situation will be a felony and may go to a grand jury, which will read this choose what costs, if any, to file, or
Take into account that prosecutors' First rates are matter to change. For example, a prosecutor may not make a closing choice on what fees to file right until after a preliminary Listening to, which may occur a lot more than per month after arrest.
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Charging process differs appreciably in between federal and point out court docket, from 1 state to a different, and in many cases between locales in the same point out. When you’ve been arrested, seek advice from a highly skilled criminal defense attorney.
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determine that the situation really should be billed (for a felony or a misdemeanor), and file a "grievance" (the charging doc may well go by a special name) Along with the court docket
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