a suspect charged with a crime can be required to do what without an attorney present?

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.

Full Answer

Can a police officer question a suspect without an attorney?

The police need at least probable cause to get evidence with a warrant. If a case has already focused on a suspect, police cannot question that person without their having an attorney present. As mentioned, there is no right to an attorney at the grand jury, either for the potential defendant or witnesses.

Can a victim decide whether to file criminal charges against a suspect?

But it will be up to a government prosecutor, not the victim, to decide whether to file criminal charges against the suspect. Several reasons exist for this system of decision making. Crimes affect more than individual victims; they impact the community as a whole—its sense of safety and well-being.

Can a person be charged with a crime before they are arrested?

A person may be charged with a crime before they are arrested. If this happens, a judge will issue a warrant for the person's arrest. A police officer will attempt to locate the person who is the subject of the warrant.

When do you consider yourself a suspect in a criminal investigation?

If the police are questioning you about where you were or your actions in association with a criminal investigation, you should consider yourself a suspect. You need to be very careful what you say and do so that you do not sound guilty or have your statements lead to criminal charges.

What rights do you have when the police contact you about a crime?

If the police are contacting you about a criminal investigation, you want to exercise these important rights: Right to leave.

What happens if you are not under arrest?

If you are not under arrest and have not been given your Miranda rights under the 5 th Amendment to the U.S. Constitution, you can and should leave. If the police stop you, the problem may be that you may not be certain if you are being arrested or simply questioned. The best strategy is to ask the officer.

Why shouldn't you answer police questions?

You should not answer the police officers’ questions or talk to them because they could get you to make incriminating statements. Right to an attorney. Under the 6 th Amendment to the Constitution, you have a right to an attorney.

Which amendment gives you the right to remain silent?

You have a right to remain silent and not incriminate yourself under the 5 th Amendment. If the police are questioning you, you should invoke this right and remain silent. You should also advise the officer that you want your attorney present.

Can you discuss a case in jail?

If you are placed in a holding cell, do not discuss your case with inmates. Do not discuss your case on a jail telephone as the conversation could be tape recorded.

Why do police not charge people for a crime?

Police and prosecutors do not arrest and charge someone solely because another person claims that a crime occurred and wants the offender prosecuted.

What does it mean to be charged with a crime?

To be "charged" with a crime means to be formally accused of that crime. Police officers usually start the charging process with an arrest or citation. They then send copies of their reports to a prosecutor’s office staffed by government lawyers whose job it is to initiate and prosecute criminal cases. The prosecutor is supposed to either:

What is a restraining order?

Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior , such as contacting or abusing the person who requests the order. There are many different ways to prove that a person is guilty of a crime.

What is the statute of limitations for a criminal case?

Criminal Statutes of Limitations. Statutes of limitations establish time limits for charging defendants with crimes. When the police charge a defendant with a crime after the statute of limitations has expired, the defendant can have the charges dismissed.

What is the job of a prosecutor?

The prosecutor is supposed to either: enlist the help of citizens serving as grand jurors in deciding what charges to file. Learn about how criminal charges are chosen and filed. If you've been arrested for or charged with a crime, you'll probably want to speak to a lawyer.

Can police threaten you with jail?

Police officers may have threatened you with jail or prison . Some official... Cultural and Religious Defenses to Criminal Charges. The U.S. Constitution guarantees freedom of religion, and we live in a diverse society, where many different cultures are represented.

Can a witness be wrongly accused of a crime?

The last thing anyone wants to face is being wrongly accused of a crime but, unfortunately, it can happen. A witness or victim can identify the wrong person, circumstances can lead police to think that an innocent suspect committed a crime, and an innocent person can even be formally charged with a crime he did not commit.

What happens when you are charged with a crime?

What Happens When You're Charged with a Crime: An Overview. First, there's an arrest and the police report that follows. The prosecutor then reads the police report and decides whether or not the person who's been arrested should be charged with a crime. Alternatively, the prosecutor can go to a grand jury and ask them to decide what criminal ...

Why do prosecutor like grand jury?

Prosecutors like grand juries because they function as a "test" trial, enabling them to see how the evidence is likely to be received by jurors. If the grand jury indicts a defendant based on the evidence presented, it returns a "true bill". If the grand jury decides not to indict, it returns a "no bill.".

What happens if a grand jury doesn't indict?

However, even if a grand jury doesn't indict, the prosecutor can return to the same grand jury and present additional evidence, get a new grand jury, or even file criminal charges regardless.

What is preliminary hearing?

The Preliminary Hearing. If the case a is a felony and the prosecutor bypasses a grand jury to file charges, then a preliminary hearing is held . At the hearing, the prosecutor must demonstrate to the judge that the state has enough evidence to warrant a trial.

How long does it take for a judge to decide if there is enough evidence?

Finally, a judge holds a preliminary hearing where they decide whether or not there's enough evidence to proceed. Prosecutors generally file criminal charges within 3 days, although in some jurisdictions in as few as 2 days. Because prosecutors must file so quickly, the crime you're charged with initially may change significantly over time.

What are the political aspirations of a prosecutor?

Political Aspirations: prosecutors often run for office or seek political appointments. As a result, they are keenly aware of the image prosecuting a particular offense sends the community. Even if the evidence is questionable, if there's considerable community outrage, a prosecutor may decide to pursue a case.

What is the role of a grand jury?

Grand juries are similar to regular juries (also known as "petit juries") except that a grand jury's job is simply to decide whether or not charges should be brought in the first place rather than deciding the guilt or innocence of a person at trial.

What does a prosecutor do before filing a criminal complaint?

As discussed above, before filing the criminal complaint, the prosecutor must evaluate the strength of the case, including the sufficiency of the evidence and expected cooperation from victims and witnesses. The prosecutor must also analyze the law and court rulings, the offender's criminal history record (prior convictions), and any allegations against the police in conducting an arrest or search. As a representative of the government, the prosecutor also considers if prosecuting the case is the best use of public resources.

What happens if a defendant can't afford an attorney?

If the defendant can't afford an attorney, the judge might appoint a public defender.

How long does it take to file a criminal charge?

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.

What are the responsibilities of a prosecutor?

Prosecutors' Responsibilities and Ethical Duties. Prosecutors have an ethical duty to see that justice is done—which doesn't necessarily mean winning a case. A prosecutor must consider the needs of the victim and society and make decisions based on the facts, the evidence, and the law.

What is a criminal complaint?

The complaint identifies the suspect and specifi es the crimes alleged to have been committed by the suspect.

What is the statute of limitations?

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.

What is the job of a grand jury?

The grand jury's job is to decide if the evidence supports the criminal charges —it does not determine the defendant's guilt (that's the job of the petit or trial jury). If the grand jury agrees that charges are warranted, they typically issue what's called an indictment (in-DITE-ment), and the case goes forward.

Who decides whether or not to charge a person with a crime?

Police do wield tremendous investigatory and persuasive power, but the decision of whether or not to officially charge a person with a crime lies with the prosecutor, who will be the local district attorney if you are charged with a state-level crime, or the U.S. District Attorney if you are charged with a federal crime.

What happens if a grand jury does not subpoena a witness?

If the potential witness does not obey the subpoena, they can be held in contempt of court. This is another power (besides official charging) that the grand jury has that police do not.

How does a grand jury work?

How a Grand Jury Functions. The grand jury reviews the evidence against the informally-accused person from the police and prosecutor. If at least 12 jurors find probable cause that the individual committed the crime (a relatively low standard), the grand jury returns an indictment. At this point the accused person becomes a defendant officially ...

What is hearsay in criminal law?

Hearsay is information from other people that hasn’t been substantiated yet. The Exclusionary Rule to evidence does not apply. The Exclusionary Rule prevents our government from using most evidence in a criminal trial that was gathered illegally in violation of the U.S. Constitution. This means the grand jury can consider illegally-obtained ...

How long does a grand jury serve in North Carolina?

A federal grand jury can serve for up to 18 months and a grand jury in North Carolina can serve for up to a year.

What is a grand jury?

A grand jury is the group of people that votes on whether or not a person should be initially charged with a crime after the person is arrested . If it is for a felony charge, the grand jury usually convenes after a probable cause hearing in court. Like a jury at trial (the petit jury), grand juries are comprised of a randomly selected cross-section ...

Why was the grand jury created?

The grand jury was originally designed as a check on government power— individuals facing prosecution that was baseless or politically-motivated in seventeenth-century England needed neutral community members to decide whether there was sufficient evidence to officially charge them with a crime.

What is it called when you make a false statement to police?

Making an intentionally false statement in response to a law enforcement question about an investigation is a crime often referred to as “misprision.”. When considering whether to make a report, remember that you do not have to be certain that a crime has been committed or will be committed.

What happens if you tell the police the getaway car is red?

If you tell the police the getaway car was red, but the next day you remember it was white, that’s an honest mistake. While it’s alright to make an honest mistake in describing what you saw, you should not intentionally mislead the authorities. Providing a false report to the police is itself a crime.

Why is not requiring intervention or reporting important?

The reason for not requiring intervention or reporting is to leave policing to the professionals and to avoid turning all citizens into informants. For example, imagine taking a walk in the park on your day off. You see a masked man running toward you with a purse in his hand. He’s being chased by an elderly woman.

Why do governments enact laws?

Governments typically enact such laws to protect persons who may be particularly vulnerable, such as children, the disabled, and the elderly. And some professionals have mandatory reporting requirements even where no vulnerable victims are involved.

Who is required to report child abuse?

Child Abuse. Every state requires certain groups of professionals to report child abuse. Most commonly, people who work in health care, education, and child care are among those required to make a report of suspected child abuse to local authorities. Some states require all citizens to report cases of suspected child abuse.

Is there a duty to report a crime?

Although there's no general legal duty to report crime, many exceptions exist. Most of the time, ordinary citizens are not legally required to report a crime or to do anything to stop it. In other words, there is no general duty to be a “good Samaritan.”. But the exceptions are surprisingly widespread.

Is failure to report a misdemeanor a felony?

That failure is usually a misdemeanor, but it can be a felony. Prosecutions for failure to report are very rare and usually involve strong evidence of a serious harm that could have been prevented if a person with a duty to make a report had done so.

What is the law regarding failure to report a crime?

Failure to Report a Crime under Federal Law (18 U.S.C. section 4) Federal law prohibits concealing information about specific crimes. Under 18 United States Code, Section 4, you may be obligated to report a crime if you are directly asked during a criminal investigation whenever:

What is a misprision of a felony?

Misprision of a felony is a form of obstruction of justice. If you are convicted, you face up to a $250,000 fine, imprisonment up to three years, or both fine and imprisonment.

What is an accomplice liability?

Intentionally encourage and/or facilitate that plan, and. Aid, promote, or instigate in the crime’s commission. You don’t have to be actually present at the scene of the crime to be charged under what is known as “accomplice liability.”. If you willfully participated in the planning of a crime prior to its commission, ...

What happens if you fail to report a report?

Failure to fulfill this legal duty to report, or impeding someone from doing so is a crime in itself and may be charged as a misdemeanor. If you are convicted of failure to fulfill a legal duty as a mandatory reporter, you can be fined up to $1,000 and/or sentenced to serve up to six months in jail. If you willfully prevent someone ...

How long does it take to report child abuse in California?

A mandatory reporter must file a complaint of suspected or actual child abuse or neglect with an appropriate law enforcement or child support services agency within 36 hours of discovery.

Can you report a crime anonymously?

Many law enforcement agencies allow you to anonymously report a crime online as well. However, if you call 911 emergency response, be advised that law enforcement agencies may be able to track your phone number. Additionally, California law requires mandatory reports of child abuse or neglect to remain confidential.

Is it a moral obligation to respond as a Good Samaritan?

There is always the possibility that you risk harm to yourself or a third party if you divulge information about a crime you suspect has already been committed, or know of before it happens. Others may feel they have a moral obligation to respond as a Good Samaritan and expose criminals for their wrongdoing.

The Arrest

The Arrest Report

Deciding to Prosecute, Or Not

The Grand Jury

How Grand Juries Work

The Preliminary Hearing

• If needed, a judge might hold a preliminary hearingwhere they decide whether the state has enough evidence to proceed to trial. The prosecutor must present their evidence. Prosecutors generally file criminal charges within two to three days. Because prosecutors must file so quickly, the criminal charges can change significantly over time.

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