how does a district attorney file charges?

The charges generally must be brought in the county where the crime is alleged to have taken place. The district attorney will go through the investigation file to determine if there is sufficient probable cause to file a complaint. This complaint is the legal pleading that lays out which crime (s) the suspect is alleged to have committed.

Full Answer

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a 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...

What evidence is needed to be charged?

Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.

How long does DA have to file charges in California?

In other words, based on this standard, the San Francisco DA"s Office must be convinced "beyond a reasonable doubt" within 48 hours of the suspect"s arrest (the time limit for filing formal charges against the suspect), that the suspect is guilty of the crime.

At what point are prosecutors most likely to file charges?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

What is one reason prosecutors may decide to dismiss cases?

After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.

Can you 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 do the police decide to charge?

The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.

Can someone be convicted without evidence?

Prosecutions with no supporting evidence and a well-represented defendant are less likely to succeed when compared with cases with significant supporting evidence, but there is always a possibility that there will be a conviction.

How long does the DA have to file misdemeanor charges in California?

within one yearFor most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed. If the crime is a felony, the prosecution generally has three years to file charges from the date the offense was allegedly committed.

How long does it take for prosecutor to file charges California?

(See section 1382 of the Penal Code.) The prosecutor must file the Information within 15 days of the date the defendant was “held to answer” at the preliminary hearing. The trial must start within 60 days of the arraignment on the Information.

How long before a crime Cannot be prosecuted?

The general rule for time limits on summary only offences is that prosecutions will be time barred if information is laid more than six months after the date of the offence.

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.

Under what conditions does a prosecutor decide to bring charges against a suspect quizlet?

A prosecutor may initiate charges when they have probable cause to believe the suspect has committed a crime, and they feel there is enough evidence.

How do you convince a prosecutor to drop charges?

There are multiple ways a defendant or their attorney can convince a prosecutor to drop criminal charges. Examples include lack of probable cause, presenting exculpatory evidence, showing police violated their rights, or partaking in a pretrial diversion program.

What are some problems that prosecutors face in properly and ethically performing their function?

Prosecutors face a myriad of challenges that can influence their decisionmaking and performance. These challenges include persistent problems with inadequate resources, staff retention, and accountability, as well as contemporary issues related to changing technology and case law.

What happens if a prosecutor refuses to file charges?

If prosecutors decline to file charges within the 48-hour time frame, then the person will be released from jail. Given their ethical duty and this small window of time, prosecutors sometimes reject cases, asking police to conduct further investigation before they agree to formally file charges.

When do prosecutors have to decide if a person is in jail?

And when a person is arrested and taken to jail, prosecutors must decide whether charges are warranted within 48 hours of the arrest, excluding weekends and holidays. [i] This means that if a person is arrested and taken into custody on Monday, prosecutors must file charges against him by Wednesday.

Why is pre-filing not a crime?

This is because each decision – the decision to arrest and the decision to file charges – is made by a different authority. Police arrest someone when they believe that he has committed a crime.

When do police arrest people?

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).

Matthew Murillo

The other attorneys are both correct, the Arraignment on the citation is the date you are to appear in Court. The District Attorney sometimes files a charges well before that date, sometimes they file a couple of days before that date.

Michael Rutledge Norton

Your best and safest bet is to appear for court on the day of your arraignment. If it is not filed be sure to get something time stamped to prove you appeared. You can call the DA or have an attorney call but I have seen SB file charges up to a few days before the scheduled arraignment.

Brian Andrew Bezonsky

It is relatively simple for a lawyer to call the DA's office with the pertinent information to determine if the case has yet been filed. Be aware that most DA's offices (including SBD County) don't get around to filing charges until a week or less than a week before your given court date. They're busy.

Why are prosecutable cases discharged?

As a result, prosecutable cases are possibly being discharged by the DA because they do not meet this high standard of reasonable doubt . In addition, given that the Police Department is making arrests based on the probable cause standard, and the DA is prosecuting such cases based on a much higher standard, it is inevitable that conflicts should occur between the Police Department and the District Attorney as a result of the DA"s decision not to proceed further with a case.

What happens at a preliminary hearing in a criminal case?

At the preliminary hearing, a judge determines whether there is sufficient evidence for the case to go to trial.

What is the law in California regarding arrests?

California law establishes standards which must be met when making an arrest. Section 836 of Title 3, Chapter 5 ("Making of Arrest") of the California Penal Code (PC) states that a peace officer may make an arrest in obedience to a warrant, or may, without a warrant, arrest a person: • Whenever he/she has reasonable cause to believe ...

What is DA 1.4?

Section 1.4 The DA's Standard for Charging Cases. 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. [1]

Does the DA have to meet reasonable doubt?

Based on conversations with staff from the Public Defender"s and other County Prosecutor Offices, although meeting the reasonable doubt standard is necessary to convict a person, it is not necessary to meet this standard in order to place a person on trial. Using such a high standard in making the decision whether or not to file formal charges eliminates the possibility of gradually being able to build a case against a suspect. As such, the DA may not be prosecuting some cases that perhaps could be prosecuted if additional time were provided in order to expand the investigation, develop the case and collect additional evidence and information.

Does the Penal Code establish a standard for making an arrest?

While the Penal Code does establish a standard for making an arrest, it does not establish a standard which must be met by the District Attorney in determining whether or not to press charges against the suspect.

Can a district attorney file charges against a suspect?

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 California District Attorney"s Association. According to the District Attorney"s Office, ...

What does a district attorney do?

A district attorney leads a team of assistant district attorneys (ADAs), investigators and administrative support staff as they collectively seek to prosecute criminals, prevent crimes, and support/give a voice to the victims of crime. In fact, one could say that a district attorney controls the majority of decisions within our criminal justice system. For instance, the DA’s office works closely with law enforcement agencies and to piece together all of the evidence for a given case. The district attorney’s office also decides who to charge, what crime (s) to charge them with, whether to offer a plea deal or take a case to trial. District attorneys even provide recommendations to the court for sentencing.

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

After law enforcement makes an arrest, the DA’s office works alongside law enforcement to carefully review all the facts and evidence about a given case. While an arrest only requires law enforcement officers to have probable cause, a criminal trial requires prosecutors to have enough evidence to establish that each and every element of a crime can be proven beyond and to the exclusion of any reasonable doubt. Prosecuting violent and dangerous crimes is a priority for DA offices, as they seek to maintain public safety.

How to review probable cause affidavit?

Review the police report and probable cause affidavit Review all evidence that has been collected thus far. Investigate further and gather additional evidence, if needed. Take witness depositions. Determine whether there is enough evidence to support a conviction, thereby protecting the rights of the innocent.

What does the DA do?

Yes, that’s a major part of the job, but the DA’s office also has other responsibilities, such as working to prevent crime and protecting and supporting crime victims.

Do prosecutor jobs get easier?

Prosecutors are notoriously swamped with cases, cases, and more cases. And prosecuting these cases requires skill, practice and time. While the job itself may never get any easier, we do live during a time when technology is available to alleviate some of the manual workload.

Does a district attorney have a term limit?

However, the position of district attorney has no term limits, so some district attorneys remain in their roles for decades. How does the district attorney’s office work proactively in the community? Many people think of the DA’s office as a place where lawyers work to prosecute and convict criminals.