how long canit take prosecuting attorney to decide to press charges

Once a crime occurs (or, sometimes, is discovered), the prosecutor only has a certain amount of time to file or press charges in the case. The actual time limit—whether it's one year or 20 years—generally varies by crime. Less serious crimes tend to have shorter limits, while prosecutors typically have more time to file more serious charges.

Full Answer

Why do head prosecutors file charges?

What is the Prosecutor's decision?

What is the role of arrest report?

Why are arrests and prosecutions separate?

Can a prosecutor file charges against a suspect?

Is an arrest report one sided?

Do prosecutors take a strong stand?

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How long do Charges take to be filed?

How Much Time Does the Prosecutor Have to File Charges? If the suspect is in custody (jail), prosecutors generally must file charges within 48 to 72 hours of the arrest. In other cases (when the suspect isn't in custody), it could take days, weeks, or months to file charges.

Why do prosecutors sometimes choose not to prosecute?

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.

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.

What is it called when a prosecutor decides not to prosecute?

Prosecutorial Discretion A prosecutor also has the discretion to refrain from filing any charges at all. A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure.

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.

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 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.

Who is more powerful judge or prosecutor?

Although the prosecutor makes a recommendation, the Judge holds the ultimate power.

What makes a criminal case weak?

The prosecution has gathered weak or no witnesses. The evidence is inadmissible. Incorrect charges were filed, or. The arrest was improper or even illegal.

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.

Can a judge dismiss a case for lack of evidence?

2, Rule 118), the dismissal of the case for insufficiency of the evidence after the prosecution has rested terminates the case then and there.

What are the main reasons for persecutors to reject cases?

5 Reasons Prosecutors Drop Criminal ChargesLack of Evidence. It's not easy winning a criminal case. ... Lack of Resources. The unfortunate reality is that prosecutors deal with a lot more crimes than they can prosecute. ... First Time Offender. ... Victim/Witness Do Not Come Forward. ... Willingness to Cooperate.

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 triggers the right to counsel?

Williams, 430 U.S. 387 (1977), the Supreme Court held that a defendant gains the right to an attorney “at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment."

What are the formal powers of the prosecuting attorney quizlet?

What are the powers of the prosecuting attorney? Decides which charges to file, what bail amounts to recommend, whether to pursue a plea bargain, and what sentence to recommend to the judge.

How does a prosecutor decide whether or not to file charges ...

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How long does it take for a prosecutor to decide a case whether ... - Avvo

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 Do Prosecutors Decide to File Criminal Charges? | Nolo

Prosecutors are supposed decide whether to file charges by evaluating the evidence before them. But a decision to file charges may be influenced by factors beyond the specific facts of the incident described in the police report.

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]• There is no statutory standard to be used by the District Attorney for

What happens if a prosecutor refuses to file charges?

Inspired by the answer to a previous question I asked.. Let's say Alice assaults Bob, and Bob goes to the police. I gather from the answer to the linked question that what happens in principle is that the police would investigate, and the local prosecutor would file charges against Alice.

Carson James Heefner

As long as its within the statute of limitations time, it can take as long as they want it to take.

Richard Earl Hornsby

The State has until the expiration of the statute of limitations, which is two years for a simple misdemeanor. Generally, they take up to a year to make a decision. If you hire an attorney, you may be able to expedite the decision making process. More

Michael Adam Haber

It takes as long as it takes. The Statute of Limitations for misdemeanor DV battery is 2 years. If no one was arrested then that's how long the State has to bring charges.

What are the stages of prosecution?

There are various stages in the prosecution process. The first stage of the prosecution is the police investigation. The prosecution begins when a law enforcement officer, a complainant, or a public officer [ in charge with the enforcement of the law] files a case against a suspected criminal.

How long should a preliminary investigation last?

As provided by the Rules of Court, within ten days after the filing of the complaint, the prosecutor upon finding the complaint with the accompanying affidavits and accompanying documents to have sufficient grounds to continue the investigation will issue a subpoena to the respondent attached therewith a copy of the complaint with the sworn affidavits and other documents.

How do you tell if a prosecutor’s case is weak?

Prosecutors are usually considered as gate keepers of criminal justice, hence, are essential agents of the administration of justice. This is so because it is their duty to take a case to trial and establish the guilt of the accused. After being successfully establishing, the accused will later on suffer the penalty of his wrongdoings.

What will the prosecutor do if the complainant, after filing his affidavit complaint, never attended the scheduled hearing, despite notice?

If the offended party files with the appropriate office a complaint, a criminal action is deemed instituted. After filing such, the accused may answer the charges against him and may file its counter-affidavit, which the offended party may answer again.

Can prosecutors decide not to file charges? If yes, what may be the reason?

When someone is arrested, the prosecution must properly review the facts and the evidence of the case . The prosecution can only file the criminal charges that can be proved beyond reasonable doubt.

What are the factors that a prosecutor can consider when deciding whether to charge an individual?

They can consider factors such as the strength of the evidence, the individual’s criminal history, the extent of harm or loss allegedly sustained, witness cooperation, resources needed, and weigh it against the interests of justice. Prosecutors have an ethical obligation ...

What is the decision to prosecute?

The decision to prosecute also hinge s on the particular office’s policies and objectives. The same chain of events could lead to the filing of criminal charges in one jurisdiction, but a decision not to prosecute in another. While office policies and objectives may lead to more decisions to charge than not to charge at the outset, an experienced criminal defense attorney knows that prosecutors will respond to potential weaknesses in cases at later stages in the case, possibly leading to dismissals or increased bargaining power.

Who makes the final decision as to whether to formally charge an individual or not?

It is the prosecutor that makes the final decision as to whether to formally charge an individual or not, not the police department or other law enforcement agency. In most state criminal cases, police arrest individuals and bring the case to the District Attorney’s Office.

Do police need probable cause?

The police only need probable cause to make an arrest, but the District Attorney’s Office must be able to prove each and every element of each crime charged beyond a reasonable doubt for a conviction. In federal systems, the investigative work prior to an arrest is usually more substantial.

Can a criminal defense attorney charge more than not?

While office policies and objectives may lead to more decisions to charge than not to charge at the outset, an experienced criminal defense attorney knows that prosecutors will respond to potential weaknesses in cases at later stages in the case, possibly leading to dismissals or increased bargaining power.

Why is a felony warrant considered a serious charge?

A felony warrant is just a more serious warrant because it’s a felony charge. Most of the time, people could potentially face prison time on these charges. The police are a lot more likely to go out and find someone who has a felony warrant because they perceive that person as more dangerous.

How does a warrant work?

Once a warrant is issued, it goes into a database that police use to track whether people have warrants and check people’s criminal records. Depending on how serious the particular case is, the police can then assign officers to try to find the person who has the warrant.

Can prosecutors file lesser charges?

There might be another story that the prosecutors don’t have, that they can consider. If we can provide that to the prosecutors, they may choose not to file charges or to file a lesser charge.

Can a prosecutor review a case?

Other circumstances where prosecutors are reviewing cases is if they can’t find the person and now the police want a warrant issued for their arrest. They can go to the prosecutors, have the prosecutors review the case, file the case, and then the police can put a warrant into the system for that person’s arrest.

Can a criminal defense attorney prevent charges from being filed?

Can your criminal defense attorney prevent charges from being filed? Under the right circumstances, your attorney may be able to present, to the prosecutor who’s going to make the decision whether to file the case, evidence that they do not have.

Can an attorney present evidence that the prosecutor does not have?

Under the right circumstances, your attorney may be able to present , to the prosecutor who’s going to make the decision whether to file the case, evidence that they do not have . Sometimes, police do a one-sided investigation where they’re not looking at things that might exonerate a potential criminal defendant.

Is bail higher for a felony or misdemeanor?

Also, once the person is arrested, the bail for a felony case will be higher than that of a misdemeanor case. A lot of times, in misdemeanor cases, people are released on their own recognizance, which means they do not have to post any bail and they are released on their promise and their signature to appear in court.

How long can you be in jail for a crime in California?

Statutes of Limitations in California criminal matters tend to follow the severity of the penalty for the crime, specifically the general limits on filing criminal charges are: Felonies punishable by imprisonment for eight years or more – six years after commission of the crime; Other felonies– three years; and. Misdemeanors – one year.

How long can a felon be charged as a wobbler?

Other felonies– three years; and. Misdemeanors – one year. Crimes that are wobblers, meaning they can be charged as either a misdemeanor or a felony, are subject to the time period in the statute of limitation for the crime which the prosecution chooses.

What are the statutes of limitations in California?

Statutes of Limitations in California criminal matters tend to follow the severity of the penalty for the crime, specifically the general limits on filing criminal charges are: 1 Felonies punishable by imprisonment for eight years or more – six years after commission of the crime; 2 Other felonies– three years; and 3 Misdemeanors – one year.

How long is a wobbler a felony?

Thus, a wobbler charged as a misdemeanor is subject to the one year statute of limitation, while one charged as a felony would be either three or six years, as appropriate. There are two exceptions to the above time periods.

What is the statute of limitations?

Generally, statutes of limitations are laws which set the maximum time after an event within which legal proceedings may be initiated. In a criminal matter, when the statute of limitations has expired, the courts no longer have jurisdiction.

Why is it important to retain an attorney?

Retaining the services of an attorney experienced in criminal defense can be crucial not only to ensuring that the accused has an effective defense, but also to ensure that the prosecutor does not violate the applicable statute of limitation.

Is there a statute of limitation for homicide?

Thus, as an example, there is no statute of limitation for homicide. Second, with regard to certain crimes of a sexual nature ( i.e., rape, sodomy, etc.), charges may be brought within one year of establishment of the identity of a suspect by DNA testing, regardless of the date the crime was actually committed.

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.

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 ).

What is the role of arrest report?

Not only do arrest reports often determine what charges prosecutors file, but they also may play a key role in how much bail is required, the outcome of preliminary hearings (where hearsay evidence is often admissible), the willingness of the prosecutor to plea bargain, and trial tactics (for instance, the police report can be used to discredit testimony of the police officer who prepared the report).

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.

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).

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.

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 ).

What is the role of arrest report?

Not only do arrest reports often determine what charges prosecutors file, but they also may play a key role in how much bail is required, the outcome of preliminary hearings (where hearsay evidence is often admissible), the willingness of the prosecutor to plea bargain, and trial tactics (for instance, the police report can be used to discredit testimony of the police officer who prepared the report).

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.

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).