how can the district attorney press charges without an arrest

What most people do not understand is that a person, even if arrested by the police, is not formally charged with a crime until/unless a prosecutor at the District Attorney’s office files a formal complaint with the clerk of Court. Before this happens, your attorney may be able to influence the prosecutor’s decision to file charges against you.

Full Answer

Can a district attorney file charges against a suspect arrested by police?

May 14, 2019 · Police arrest someone when they believe that he has committed a crime. But only the District Attorney’s Office can file charges against someone. Prosecutors have a duty to only file charges when they believe that the evidence is strong enough to secure a unanimous guilty verdict from a jury (that is, 12 random people from the community).

How does the District Attorney's Office decide to file charges?

Mar 28, 2022 · “The [Los Angeles] city attorney could bring charges based upon the evidence without necessarily relying upon the victim,” Steve Cooley, the Los Angeles County District Attorney from 2000 to 2012,...

Can a district attorney press charges for a domestic violence charge?

There is no statutory standard to be used by the District Attorney for filing charges against a suspect arrested by the Police Department. However, the San Francisco District Attorney"s Office does operate under charging standards established by the …

Who can decide whether to press or drop criminal charges?

Pressing charges is not Danny’s decision to make; it is only a Prosecuting Attorney that has the right to pursue the criminal action. Danny cannot stop the Attorney from prosecuting Jay, and the Attorney may ask Jay to pay a $50 fine to the government for running through a red traffic light.

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What are the ethical obligations of a prosecutor?

The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.

Who makes the charging decision?

The prosecutor makes a charging decision in every case. Just because the police arrested you does not mean that the prosecutor will file the same charges against you. There are times when the prosecutor will file the same charges that the police arrested you for or even add charges that the police did not think of.

What is the most important factor in deciding whether to prosecute?

The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.

What factors do prosecutors consider in making a charging decision?

The decision to prosecute is based on the following factors:The sufficiency of the evidence linking the suspect to the offense.The seriousness of the offense.The size of the court's caseload.The need to conserve prosecutorial resources for more serious cases.The availability of alternatives to formal prosecution.More items...

Can a person be charged without evidence?

You cannot be arrested without evidence. In order to be arrested for a criminal offense a police officer must have probable cause. Probable cause is a legal standard less than reasonable doubt.

How long do charging decisions take?

The CPS will usually conclude their review within 30 working days of the request, but in some complex cases, this could take longer. If the victim is not satisfied with the CPS' review decision, they can lodge an application at court for a judicial review, to challenge the decision.

What considerations influence the prosecutors decision about whether to bring charges and what to charge?

21Prosecutors may legitimately consider any number of factors in making charging and plea-bargaining decisions. These factors include the strength of the evidence, the likelihood of conviction, the interest of the victim in prosecution, and the cost and complexity of the prosecution and trial17.

What is the purpose of Section 836?

Conclusions. Pursuant to California Penal Code Section 836, peace officers are authorized to make an arrest based on probable cause. As such, the Police must believe that there is more evidence for than against the prospect that the person sought is guilty of a crime, yet reserving some possibility for doubt.

What is reasonable cause?

As defined by Black"s Law Dictionary, reasonable or probable cause is the state of facts which would lead a reasonable person to believe and suspect that the person sought is guilty of a crime. In other words, there must be more evidence for than against the prospect that the suspect has committed a crime, yet reserving some possibility for doubt. ...

What is the basis for an arrest warrant?

However, the police must make sure all necessary information and pieces of evidence are available , as this will serve as the basis of the arrest warrant.

What is the difference between a prosecutor and a defendant?

A prosecutor refers to the lawyer who appears in court to solicit for a judgment that someone is guilty of an offense or crime. A defendant, on the other hand, refers to the person accused of a crime or offense. It is the prosecutor that stands against the defendant charged in courts. After the victim of the crime has reported to the police and ...

How to establish probable cause?

Creating a probable cause by the police can be established with the following; Statement of the Victim. Statement and reactions of the people around the crime scene that will serve as witnesses. A physical injury on the victim. Physical traces of the incident at the crime scene. Lastly, and if possible, the statements of the accuser of the crime. ...

What is probable cause in a crime?

Probable cause is a belief beyond all doubt that a crime has taken place, and that the person about to be arrested committed ...

What is the difference between a misdemeanor and a felony?

In contrast, felony crimes are the more severe crimes that are handled by the state prosecutors, and the victims will be witnesses and have no say whether to press charges or not.

What are some examples of misdemeanor crimes?

Examples of misdemeanor crimes are assaults, disturbing the peace of a public place, drug-selling or having drugs, indecent exposure of private parts of the body, theft, over-speeding, driving without a license, etc. Felony criminal offenses include murder, rape, arson, sale of illegal drugs, and Kidnapping.

What happens when a person makes a complaint about being assaulted?

Once a person makes a complaint about being assaulted or his damaged property, the person becomes a “complainant.” This complainant loses his or her power in deciding the progress of the case in court.

What does the prosecutor do when the police arrest a suspect?

If the police arrest the suspect, the prosecutor will review the police report and determine whether the government can proceed on the charges. The prosecutor must determine whether the government can, with the available evidence, prevail at trial. To win at trial, the prosecutor must prove beyond a reasonable doubt—a standard of proof much higher than probable cause—that the accused committed the crime.

Why don't police arrest people?

Police and prosecutors don't arrest and charge someone solely because another person claims that a crime occurred and wants the offender prosecuted. Unless the police observe the crime, they will need to gather evidence and other information to recommend that the prosecutor charge the person with a crime.

What evidence is needed to make an arrest?

physical evidence, such as a weapon or property damage at the crime scene. evidence of physical injuries to the victim, and. video or audiotape of the incident. This evidence—if sufficient to establish probable cause—will support an arrest or a request for an arrest warrant. If the police don't arrest the offender but have evidence ...

How does the prosecutor determine whether to pursue a case?

In determining whether to pursue a case, the prosecutor will consider the victim's statements and expected level of cooperation. A victim cannot force or require the prosecutor to pursue a case, but the prosecutor is more likely to pursue criminal charges if the victim is cooperative.

What is the role of the victim in a criminal case?

The Victim's Role in Prosecution. In determining whether to pursue a case, the prosecutor will consider the victim's statements and expected level of cooperation. A victim cannot force or require the prosecutor to pursue a case, but the prosecutor is more likely to pursue criminal charges if the victim is cooperative.

What does probable cause mean?

Basically, it means the police believe reasonable grounds exist for concluding that a crime occurred and the accused committed it. The police can consider various types of evidence and information in determining whether probable cause exists to arrest someone, including:

Can a private person file a criminal complaint?

A few states allow private persons to file criminal complaints or charges against others for minor (petty) or misdemeanor crimes (like trespassing or simple battery) without the police or the prosecutor's office being involved. Similarly, some states allow "private prosecutors" to try criminal cases in certain instances.

What happens if a victim does not cooperate with the DA?

But if the victim does not cooperate, the DA can still prosecute the abusive person. If the victim does not want there to be a criminal restraining order, he or she can explain to the district attorney why he or she believes it would be best, given the circumstances, not to pursue a criminal restraining order.

What happens if a defendant pleads not guilty?

If the defendant pleads guilty or no contest, the judge can sentence him or her immediately. The victim has a right to be present and speak to the judge at this time. Pretrial conference (misdemeanor cases only) If the defendant pleads not guilty, the judge will set a date for a pretrial conference.

What are the conditions of release?

Other common conditions of release include participation in a batterer intervention program and substance abuse treatment. Violation of the Conditions of Release.

How long does an EPO last?

Police officers can get EPOs 24 hours a day. Tell the police officer what happened and why you are afraid. An EPO can last up to 7 days.

Can a victim be a witness?

The victim may be a witness. The court can require (or "subpoena") the victim to come to court. If the victim does not go to court as ordered, the court can put him or her in custody to make sure the victim will be in court to testify. If the court does not issue a subpoena, the victim does not have to go to court.

What is presentence report?

The report describes the crime and the defendant's personal history and criminal record. It includes the defendant's statement and the victim's views about the crime.

What is probation officer?

If the defendant is put on court probation, the court will monitor the defendant's compliance with the court orders. Formal probation. If the defendant is put on formal probation, a probation officer (or "PO") is assigned to supervise the defendant.

What do people want to hear about criminal justice?

More than anything, they want to hear that it’s over, and they simply want that sense of relief that comes with closure. From a legal standpoint, it’s a bit more complicated though. There are different words and phrases used to convey various stages of the criminal justice process, and some resolutions are more final than others. There are various ways in which a case can end short of a conviction: including dismissals and acquittals, and no charges filed. This page will attempt to provide a glossary and discussion of some of the commonly used phrases as to the status of charges.

What is the difference between acquittal and dismissal?

An acquittal comes after a jury trial or bench trial (trial to the judge only). An acquittal is very similar to a dismissal in terms of the legal effect, and– as with a dismissal– it’s important to note that an expungement of the criminal arrest and charges may be available immediately rather than after a delay.

What is the meaning of "search and seizure"?

Outside of an unlawful detention, search and seizure, or formal arrest, there are few limits on what law enforcement can pursue as part of an ongoing criminal investigation. For more information on this topic, please read our article regarding criminal investigations.

How long does it take to get a criminal report back?

If a given case has had materials sent to the crime lab for analysis, it can be several weeks or even several months to receive an official report back.

Do felony cases go to grand jury in Oregon?

Felony cases in Oregon are required to go before a grand jury unless the process is waived by the defendant. Most cases that are presented to a grand jury result in criminal charges. However, many grand juries are booked very heavy and therefore out-of-custody low-level offenses may not be presented to grand juries in a very timely manner. It could take weeks for a low-level drug case (for example) to be submitted to a grand jury.

Do police make charges in Oregon?

Police agencies in Oregon do not make formal charging decisions in criminal cases. Police officers can cite people for crimes and arrest people for crimes, but formal criminal charges need to come from District Attorneys’ Offices. Deputy District Attorneys in Oregon (also referred to as simply “prosecutors”) are typically the ones who make most charging decisions– although in some high-profile cases, the actual District Attorney for a given county may make the ultimate charging decision. Prosecutors typically get their intake (that is, charges for their consideration) in the form of a printed or electronic packet of police reports from a police agency. Cases alleging serious felonies where a victim has been physically injured or even killed– and where a suspect is in custody– obviously take the highest priority in terms of time-sensitivity and public safety. A case alleging a low-level non-person misdemeanor criminal charge– when the suspect is out of custody– has little or no time-sensitivity at all. Therefore, most District Attorney’s Offices will have one or more prosecutors assigned each day to review in-custody intake (that is, cases that need a fast charging decision because the suspect is in-custody, and will be released if no charges are filed). Often times prosecutors will file something against a suspect who is in-custody simply so that they can attempt to hold a suspect that they perceive as dangerous in-custody, or at least so that they can obtain court-ordered release conditions with an open case. However, if the case is a non-person case, and fairly low-level in terms of seriousness, it will end up in a literal stack (on the prosecutor’s desk) or in a virtual stack (on a computer server) for review when the prosecutor has time to make a charging decision.

What happens if a district attorney files a complaint in Kansas?

Some may even pass away or suffer from failing memories. This process can hurt both the prosecution and defendant. Recognizing this, Kansas has adopted a statute of limitations for nearly all crimes. These serve as time limits upon when a district attorney may file a complaint for committing a crime. After the set number of years passes, the suspect will not be subject to prosecution.

What is the role of a district attorney?

The district attorney is the lawyer for the state that is solely responsible for bringing charges against a defendant using the process called prosecution. This begins the “lawsuit” portion of a criminal investigation, moving the matter largely to the courts rather than the police station.

What happens when a suspect is charged?

Once charges are filed, the suspect officially “becomes” a defendant This may seem like a simply switch in wording, but it actually has very significant and real implications for the accused. Once a charge is filed, the options of eliminating the case are very few.

What is an arrest warrant?

An arrest warrant is similar to a search warrant, but instead sets out a person that is to be brought into custody.

The Path of A Typical Arrest

• In the typical scenario, a crime victim contacts the police, and the police come to the scene or meet with the victim and ask for information. If the offender is at the scene and the offense just occurred, the police may be able to arrest the person immediately but only if the police have "probable cause"—a reasonable belief that a crime has occurred and the arrestee did it. If the off…

See more on criminaldefenselawyer.com

Determining Probable Cause

The Roles of The Prosecutor and Grand Jury

The Victim's Role in Prosecution

Proceeding to Trial Without The Victim

Private Criminal Complaints and Prosecutions

Legal Representation