how to find out whether district attorney charged someone

After an officer makes an arrest, he/she will present information about the case to the District Attorney's Office. The District Attorney's Office will then determine whether to file charges against the suspect. If the District Attorney's Office decides not to file charges, the suspect will be released.

Full Answer

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

This is called “prosecutorial discretion.”. As the Kansas Court of Appeals noted in State vs. Cope, the district attorney “has sole discretion to determine whom to charge, what charges to file and pursue, and what punishment to seek.”. Basically, the district attorney has the only say regarding whether to charge a defendant or not.

How does the Kansas district attorney decide what to charge?

The District Attorney's Office will then determine whether to file charges against the suspect. If the District Attorney's Office decides not to file charges, the suspect will be released. If you have any questions regarding a case where you were a victim, once it has been referred by the police to the District Attorney's office, please contact the Assistant District Attorney (A.D.A.) assigned …

How hard is it for a district attorney to get an arrest?

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. They have special units that go out to find individuals who have warrants.

Who can decide whether to press or drop criminal charges?

The District Attorney's Office will review the report and decide whether to file charges. If the district attorney files charges, a judge will sign a warrant for the abusive person's (defendant's) arrest. If the defendant does not report to the court, the police will try to find him or her.

How many members are on a grand jury?

Grand juries are made up of approximately 16-23 members. Their proceedings can only be attended by specific persons. For example, witnesses who are compelled to testify before the grand jury are not allowed to have an attorney present. At least twelve jurors must concur in order to issue an indictment.

Why do we need a grand jury?

The grand jury is a constitutional requirement for certain types of crimes (meaning it is written in the United States Constitution) so that a group of citizens who do not know the defendant can make an unbiased decision about the evidence before voting to charge an individual with a crime.

What happens when a person is indicted?

When a person is indicted, they are given formal notice that it is believed that they committed a crime.

What happens after an arrest in New York?

Arraignment After the Arrest. After the arrest, the defendant is taken before a judge of the Criminal Court of the City of New York for an arraignment. At this time, the defendant can plead guilty or not guilty to the charges against him/her.

What happens after a grand jury indictment?

If the grand jury decides there is enough evidence, an indictment is issued. After the indictment, the defendant is arraigned in the New York City Criminal Court. At this time, with the assistance of a defense attorney, the defendant may enter a plea of guilty or not guilty to the charges against him/her.

What happens after a defendant is found guilty?

Sentencing occurs after a defendant has been found guilty by a jury or judge, or pleads guilty to the charges. The sentence depends on a variety of factors, including, but not limited to, the severity and type of crime committed and prior criminal history.

What is DOC in New York?

Incarceration in a City Jail. The New York City Department of Correction (DOC) provides custody for people convicted of misdemeanor offenses (sentenced to one year or less of jail time), or individuals awaiting a court date or trial who were not granted release or were not able to make bail.

Where to report a crime?

Depending on where the crime occurred, you may report the crime to agencies such as the MTA police, State Police, or Port Authority Police. Otherwise, contact your local precinct as soon as possible. Locate the nearest precinct to you.

What is a DOCCS in prison?

Incarceration in a State Prison#N#The New York State Department of Corrections and Community Supervision (DOCCS) is responsible for the care and custody of people convicted of a felony and sentenced to state prison; as well as those offenders who are under community supervision (most commonly, parole).

What is V.I.N.E. in prison?

Victim Information and Notification Everyday (V.I.N.E.) is a 24-hour service that provides victims with automated notifications of the release dates and status of people who are in the custody of the New York City or State Department of Corrections prison system.

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 ...

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 judge increase bail?

The judge can increase bail if the victim is in danger. Once bail is set, the victim has the right to request another hearing to increase or revoke bail. Appointment of Defense Attorney. If the defendant cannot afford a lawyer, the court will appoint one at the first court hearing (called "the arraignment").

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.

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 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 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 a supporting affidavit?

Supporting affidavits (s) must be based on the affiant's own personal knowledge; hearsay affidavits are of no value. Any substantiating documentation to support the motion (doctor's note, hospital records, etc.) may be included but do not replace a supporting affidavit based upon personal knowledge.

How to find an attorney in New York?

How can I find an attorney? To find an attorney call the Association of the Bar of the City of New York Legal Referral Service at Phone: 212-626-7373 (English), Phone: 212-626-7374 (Spanish) or check the yellow pages of a local phone book.

Where is the court reporter located?

The name of the court reporter for each court appearance can also be found on the court file, which is generally in the court part where the case is pending. If the case is concluded, the court file is in the Central Clerk's Office, 100 Centre Street, Room 1000, New York, NY 10013 646-386-4000.

List of State Lawyer Licensing Databases

How do you check to see if an attorney has a valid bar license to practice law in a given state?

How to Search for an Attorney by Speciality

All of these directories allow you to search for the attorney by name.

How to Find Disciplinary Records Online

Use the links below to select the state where the attorney practices law. Then go to the state bar site to search the attorney's name or bar number. On many of these directories, you can see if the license has ever been inactive or if the attorney was disciplined for misconduct.