how long can states attorney take to decide to prosecute

Full Answer

How long does it take a prosecutor to make a decision?

The prosecutor does not have to make a decision immediately, and, as the previous responder said, if they have a high case load or they want to do additional investigation first, they may take considerably longer than a week and a half.

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

Two weeks are not all that long. It may takes months before the prosecutor's office gets around to a file. The office likely has many cases to consider. If you want, you can contact the police or the prosecutor's office. In the meanwhile, you can file a civil order in which the court would prohibit the...

How does a Prosecutor decide what to charge a suspect with?

Related Products. Prosecutors can look at all the circumstances of a case, including the suspect’s past criminal record, in deciding whether and what to charge. Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police,...

How long does it take for a case to be filed?

Two weeks are not all that long. It may takes months before the prosecutor's office gets around to a file. The office likely has many cases to consider. If you want, you can contact the police or the prosecutor's office...

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.

Who decides what cases to prosecute?

It is typically the public prosecutor who, on the basis of the results of the investigation, determines whether to file a complaint and for which offense to bring charges.

How long does the state attorney have to file charges in Florida?

The defendant has the right to a speedy trial, within 180 days (six months) of the time he/she is arrested and/or charged by information or indictment.

Why does it take so long to prosecute?

Federal Criminal Cases are More Sophisticated One, they have a lot of investigations going on, so sometimes it takes them some time to do what they feel they need to do in order to criminally prosecute somebody at the federal level.

Why do prosecutors drag out cases?

If the prosecution lacks evidence strong enough to secure a conviction, the prosecution may look to drag the case to give the police time to find even more evidence to support the case.

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.

How long does it take for the states attorney to file charges?

Prosecutors generally file criminal charges within two to three days. Because prosecutors must file so quickly, the criminal charges can change significantly over time.

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.

How long does it take to be prosecuted?

According to government statistics, it took an average of 357 days for a case to get all the way to the Crown Court, and an average of 178 days in court to get to an outcome. The data can be further broken down by charging stage: Time between the offence being committed and being charged: 323 days.

How long after an offence can you be charged?

For offences under the Customs Acts, proceedings may commence within 2 years from the date of the offence. For offences under the Revenue Acts, proceedings may commence within 10 years from the date of the offence.

Why do cases take so long to resolve?

The more issues, evidence, witnesses, and arguments, the longer the trial will take. While a legal case may seem interminable and the delays costly, the procedures in place are designed to protect both parties and produce the fairest system possible.

Why do some cases take so long to go to trial?

The more complicated cases take longer to prepare for trial. The number of parties and issues involved also affect the length of litigation. Virtually all lawyers handle many cases at the same time and thus the schedules of the various lawyers involved play a role in the time it takes for a case to get to trial.

How are cases prosecuted?

The law requires that the prosecution prove the defendant guilty "beyond a reasonable doubt". This means that if the Judge or jury has a reasonable doubt as to the defendant's guilt, it must resolve that doubt in favor of the defendant and find him/her not guilty.

Who must prosecute criminal action?

Section 5. Who must prosecute criminal actions. — All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor.

What is prosecuting the case?

2if a lawyer prosecutes a case, he or she tries to prove that the person charged with a crime is guiltyThe attorney prosecuting the case refused to comment on the trial.

What do prosecutors do?

Prosecutors assess evidence, draft charges and provide legal advice and help investigators such as the police.

How long does a person have to be in jail for a crime in Louisiana?

For serious felonies — which are punishable by imprisonment at hard labor but do not carry the possibility of life imprisonment — the State has six years from the date of the crime to begin prosecuting that individual. Examples of serious felonies could include attempted murder, arson, kidnapping, or simple burglary. So, for example, in Louisiana, if someone breaks into a car and steals the CD player, the State would have six years from the date of the theft to file prosecution charges against the defendant. For lesser felonies — felonies not necessarily punishable by imprisonment of hard labor — the prosecution has four years.

Can a sex offense be prosecuted beyond time limits?

Prosecution for any sex offense may be commenced beyond the time limitations if the identity of the offender is established through the use of a DNA profile after expiration of the time limitation. This happens frequently now that a DNA database has been established.

Scott Kinshella

The prosecutor does not have to make a decision immediately, and, as the previous responder said, if they have a high case load or they want to do additional investigation first, they may take considerably longer than a week and a half.

Thuong-Tri Nguyen

Two weeks are not all that long. It may takes months before the prosecutor's office gets around to a file. The office likely has many cases to consider.

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

What is a prosecuting attorney?

Prosecuting attorneys are the voice of the people in America's courtrooms, enforcing the law and representing the duly elected government at all levels. A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is the trial prosecutor depicted in countless television shows, books and films, State's Attorneys don't just prosecute accused criminals.

What Does a State's Attorney Do?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan].

What is the chief duty of a state attorney?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan].

What is the process of discovery?

Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial. This can include physical or written depositions of witnesses to find out what they know, written questions called interrogatories which the other side must complete, and review of documents and evidence in the case [source: American Bar Association ].

How many states have grand jury indictments?

About half the 50 states use grand jury indictments in criminal prosecutions. Grand juries hear cases brought by State's Attorneys, and only the evidence and witnesses presented by the State's Attorney are considered.

What is plea bargaining?

At some point during these hearings, a plea bargain may be offered to induce the suspect to enter a guilty plea. Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial.

James Regan

If you need someone to talk to call National Sexual Assault Hotline - 1.800.656.HOPE. You can also call the prosecutor's office and ask for the victim advocates:...

Joshua Sachs

Would you prefer that they rush in before they are prepared and maybe blow the case?

Harry Edward Hudson Jr

The process for a criminl prosecution, in general terms is: the cops get involved in some manner, arrest or just fiel a report , the prosecutor eventually reads the report (s) and decides if charges are to be filed and against whom. Please note that howhere in that scenario did the "victim" ever "press charges".

How Can an Attorney Help with My Case?

A criminal defense lawyer can review the details of your case to ensure your rights are protected. If any of your rights were violated, they could file motions to raise the issue with the court and seek remedy.

What Is the Purpose of the Statute of Limitations?

The statute of limitations serves to facilitate fair trials for those accused of crimes. When the state prosecutes a case, it has the burden of proving guilt beyond a reasonable doubt. To do this, the prosecutor must present various pieces of evidence supporting their arguments.

What is the Prosecutor's decision?

The Prosecutor's Decision: Using the Police Report. Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports ).

Why are arrests and prosecutions separate?

Arrest and prosecution functions are separated primarily to protect citizens against the arbitrary exercise of police power. 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.

Why do head prosecutors file charges?

Their charging decisions are often, therefore, affected by public opinion or important support groups. For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted. For similar reasons, a prosecutor may pursue otherwise weak prostitution charges to avoid alienating powerful civic groups. Deputy or assistant prosecutors may feel that appearing tough will help their careers, either within the prosecutor's office or later if they want to become judges.

Can a prosecutor file charges against a suspect?

Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)

Is an arrest report one sided?

Arrest reports are almost always one-sided. They recite only what the police claim took place and may include only witness statements that support the police theory. While they are generally not admissible as evidence in a trial, arrest reports can have a major impact in criminal cases.

Do prosecutors take a strong stand?

Experienced defense attorneys understand that prosecutors must sometimes be seen as taking a strong stand publicly, even though they may be willing to respond to weaknesses in individual cases at a later stage of the process. This is one of the reasons why practically every criminal defendant will benefit from the help of an experienced, local criminal defense attorney: Only those professionals know where the pressure points are and how to work around them (or with them).

How long does a statewide prosecutor serve?

The Statewide Prosecutor is appointed by the Attorney General to serve a four-year term. The process begins when a victim, or one having knowledge of a crime, files a sworn statement with the proper authority known as a complaint .

How long does it take for a defendant to appear before a judge?

Within 24 hours of his/her arrest the accused criminal, known as the " defendant " is brought before the judge for first appearance . At this hearing the judge informs the defendant of the charges against him/her, advises the defendant of his/her right to counsel, and explains the amount of bond.

What happens when a case is pending?

During the time the case is pending, the Office of Statewide Prosecution will keep you informed of all court dates as well as any delays in reaching the resolution of the case. If you have any questions, please feel free to contact the prosecutor assigned to your case.

What to do if you feel intimidated by the law?

As a victim the law protects you from intimidation. If you feel you are being intimidated contact the prosecutor immediately so the proper action can be taken.

What powers does the Statewide Prosecutor have?

The Statewide Prosecutor has the authority to conduct hearings throughout the State, summon and examine witnesses, require the production of physical evidence, sign informations and indictments, confer immunity, and exercise basically the same powers as are granted to State Attorneys. The Statewide Prosecutor is appointed by ...

Why does the defendant not present evidence?

However, on many occasions the defendant does not present any evidence because he/she does not have the burden of proof. The burden of proof is on the State to prove the defendant's guilt and the defendant cannot be compelled to testify against himself/herself.

What is an information in a criminal case?

An information is a sworn document signed by the prosecuting authority (in this case the Office of Statewide Prosecution) which charges a person with the a violation of the law. An information may charge any crime except a crime punishable by death. An indictment is a charging document filed by a grand jury and may indict on any crime.