how long does it take proscetuting attorney to decide to charge someone

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.

Full Answer

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

Nov 30, 2018 · Nov 30, 2018. Merely being suspected of committing a crime, regardless of whether a defendant is actually charged, is an extremely nerve-racking experience. Initially, dealing with law enforcement, which is structured to be an intimidating situation, can tend to make even the toughest cringe in fear. In some cases, once this procedure is over, there may …

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

Typically, someone gets arrested and, if they don't bail out, then they are in court within one to three days. The police send the paperwork to the prosecutors and the day they come to court, the prosecutors make a decision while they've got the person there.

How does a Prosecutor decide to charge a case?

Jan 27, 2017 · tel: (509) 572-3700. Call. Profile. Posted on Jan 30, 2017. 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 a case to be filed?

Apr 27, 2013 · The Prosecuting Attorney must thoroughly review all reports and records concerning the case, including witness statements. The Prosecutor also reviews the suspect's prior criminal or traffic record. Occasionally, the reviewing Prosecutor sends the case back to the police to conduct additional investigation.

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.

How long do the police have to charge you with a crime?

Effectively, this means the police must charge (or lay an information before a Magistrates' Clerk) within six months of the date of the offence (section 127(1) Magistrates' Courts Act 1980). For all other offences, there is no statutory time limit.Nov 17, 2020

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

How do the police decide to charge?

The decision to charge you with a criminal offence signifies the start of a prosecution against you. The charging decision may be made by the police or by the CPS, depending on the nature of the case. The charging decision will be taken once the police have undertaken an initial investigation.

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

Sometimes, they may be investigating a serious case and it could take the police weeks or months to get the paperwork to the prosecutors.

Is a felony warrant a misdemeanor?

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. With a misdemeanor warrant, a person would probably be ...

2 attorney answers

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.

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.

James Regan

If you need someone to talk to call National Sexual Assault Hotline - 1.800.656.HOPE.#N#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".

What is an arrest report?

Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, weather conditions, and witnesses' names and addresses. Arrest reports are almost always one-sided.

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.)

Who decides what crimes to charge?

The prosecutor decides which crimes to charge. The most important check on this power is the requirement that the accusations be supported by “ probable cause ”—the legal standard that will spare a person from prosecution unless it’s more likely than not that a crime was committed and the defendant committed it.

What is the role of the prosecutor in a case?

The Prosecutor’s Role at Sentencing. While it’s the court’s role to impose a sentence, that sentence (a specific sentence or a range) is set by the offense that the defendant stands convicted of. Consequently, the judge will be constrained by the charges that the prosecutor has elected to bring against the defendant.

What is the job of a prosecutor?

From investigation of crimes to handling post-conviction appeals and writs, the prosecutor’s job is to do justice. Prosecutors are lawyers who investigate, charge, and prosecute (take to trial) people whom they think have committed a crime. In the federal system, United States Attorneys are appointed by the President to run regional offices;

Who handles criminal appeals?

Most criminal appeals and writs are lost by the defendants, and most are handled routinely by the prosecutor’s office. But now and then the prosecutor, when examining the arguments put forth by the appellant, decides that the appeal or the writ has merit.

Is a prosecutor immune from prosecution?

Prosecutors are generally immune from prosecution for their advocacy decisions, but they are still subject to rules of professional conduct. Bodies, like their state bar agencies and the Department of Justice’s Office of Professional Responsibilities, examine claims of prosecutorial misconduct and poor judgment.

What is the role of the court in imposing a sentence?

While it’s the court’s role to impose a sentence, that sentence (a specific sentence or a range) is set by the offense that the defendant stands convicted of. Consequently, the judge will be constrained by the charges that the prosecutor has elected to bring against the defendant. Even if the defendant beats some of the charges or ends up convicted of lesser offenses, the court’s power has been circumscribed to some degree by the initial charging decision.

Can a felon appeal a conviction?

Most defendants who are convicted of felonies appeal their convictions. They hire counsel or obtain counsel from the state; and the appellate division of the prosecutors’ offices handles the case for the government, arguing that the conviction and sentence should be upheld on appeal.

What is statute of limitations?

Statutes of limitations establish time limits for starting criminal proceedings. The rules reflect society's wish to proceed with prosecutions while memories are fresh and evidence and witnesses are still available. Statutes of limitations generally start to "run" on the date that crimes are committed.

What is the Sixth Amendment?

Statutes of limitations, which establish time limits for starting criminal proceedings, are distinguished from the Sixth Amendment right to a speedy trial, which applies to the length of time between the beginning of criminal proceedings and cases going to trial.

Can Larry be prosecuted for burglary?

However, the police misplace the report and, as a result, don't begin investigating the crime until many months later. By the time the police arrest Larry and the prosecutor is ready to begin criminal proceedings, the state's three-year statute of limitations on burglary has expired. As a result, Larry cannot be prosecuted for burglary. If the prosecutor were to begin criminal proceedings, Larry would be entitled to have the case dismissed.