how to press criminal charges with the attorney general in florida

How does the Prosecutor decide to file charges?

The prosecutor’s office will review the police reports to decide if the evidence warrants filing charges. At this stage there needs to be more than the probable cause for an arrest. The evidence needs to be good enough to make winning at trial likely. For felonies, the prosecutor may need to take additional steps before pressing charges.

Who can press charges in a criminal case?

Who can press charges? A criminal case is not like a civil case, in which you can file a lawsuit against the person who wronged you. Instead, the prosecutor’s office files criminal charges. You may influence the decision, but in the end it’s up to the prosecutor. In most cases you’ll get a criminal case started by filing a police report.

What happens if the prosecutor doesn’t want to press charges?

But even with your help, the prosecutor may decide the case isn’t strong enough to press charges. This can be frustrating, but the final decision is the prosecutor’s. The prosecutor may also move forward with the case even if you decide you don’t want to press charges. In this case, he or she can subpoena you and force you to appear at the trial.

How do you get charged with a crime?

The most common ways are an arrest by a police officer or a Notice to Appear. An arrest may occur if a police officer witnesses a crime or an investigation produces a probable cause that you have committed a crime. Occasionally charges will be filed directly by the State Attorney without the direct involvement of a police officer.

Who can press charges?

How long does it take to file a criminal complaint?

What is the role of the prosecutor in criminal cases?

What does probable cause mean in a warrant?

What can a criminal lawyer do for you?

Do prosecutors rely on uncooperative witnesses?

Can a prosecutor decide if you want to press charges?

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About this website

How do I file a complaint with the Florida Attorney General?

Citizens with general inquiries, or who want to file a consumer complaint, should contact the Office of Citizens Services by calling (866) 966-7226, (850) 414-3990 or filing out an online form here.

How do I file a criminal complaint in Florida?

To report a crime, please contact your law enforcement agency or the agency that covers the jurisdiction in which the crime occurred. If you have a complaint involving misconduct by a public official or know of an election law violation, you may report that in writing to the this office.

How do I contact the Florida Attorney General?

The telephone number is 1-800-435-7352 (1-800-HELP-FLA). En Espanol (1-800-FL-AYUDA). If you believe that you are the victim of a scam or fraud, please call the Attorney General's toll free hotline at 1-866-9-NO-SCAM (or 1-866-966-7226). 3.

What does the US Attorney General investigate?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

Who can file a criminal complaint?

It is not necessary that only the victim of the crime should file an FIR. A police officer that comes to know about a cognizable offence can file an FIR himself/herself. You can file an FIR if: 1 You are the person against whom the offence has been committed.

How do you prosecute someone?

Eight steps in the prosecution processInvestigation. The investigator, often the police, takes statements and collects evidence to be used in criminal prosecutions. ... Brief assessment/charges laid. ... Charging or starting proceedings. ... Committal proceeding. ... Hearing. ... Trial. ... Sentencing. ... Appeals.

What is the role of the Florida Attorney General?

The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers from various types of fraud and enforcing the state's antitrust laws.

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.

What are 3 services Florida provides to citizens?

Health & Family ServicesAdoption Programs.Aging & Health.AIDS/HIV.Allergies (Pollen Count by Location)American Red Cross.Anthrax Information.Assisted Living Facilities.Assistance Programs — Food Stamps, Medicaid & Temporary Cash Assistance.More items...

How powerful is the Attorney General?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

What power does the US attorney general have?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.

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.

How do you file a complaint against someone?

You may file a complaint with the prosecutor's office directly. You may also file the complaint with the police, and then the police will be the one to endorse your case to the prosecutor's office after investigation.

Can I make a complaint to the police online?

You can do this: Online via the website. Telephone - please call 0845 601 2931. Fax - 028 9082 8659.

How do I file harassment charges in Florida?

Report Harassment? Immediately report the harassment. Contact the police to file a report, or contact the Office of Victim Services to speak with an advocate. Keep a log of all calls and/or a copy of all e-mails received; include the date, time & details of the call/e-mail.

How many days does the state of Florida have to file charges?

Regardless of the severity of the charge, the state only has 175 days after an arrest to file charges, and that is found in Florida Rule of Criminal Procedure 3.191.

How can I press charges against someone in another state?

I am from Miami and moved to Texas. Ever since then I have been continually harrassed by an ex boyfriend. I have blocked all numbers I have of his and he kept calling me from private numbers so I had to change my phone number.

How do i press charges against someone that lives in another state ...

Read 2 Answers from lawyers to How do i press charges against someone that lives in another state - California Family Law Questions & Answers - Justia Ask a Lawyer

If someone tells the police that they don't want to press charges can ...

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Can Police Press Charges If Victim Doesn't? - The Freeman Online

So, can police press charges if victim doesn't? Several movies give the impression that everything goes back to normal after the victim of a crime.....

How To Press Harassment Charges

What Are Harassment Charges? Depending on the violation, the charge may be civil or criminal. Criminal cases can end with a misdemeanor or felony conviction and can be punishable by prison time. A harassment charge is a legal charge filed against someone who intimidates, threatens, stalks, or otherwise makes another person feel unsafe or annoyed.

What happens if you are arrested for a felony?

If you have been the victim of a felony crime and a suspect was arrested, you will be contacted by the prosecuting attorney. If the suspect was not arrested, but is known, the responding officer must come to the State Attorney’s Office to pursue criminal charges. Only sworn law enforcement officers can file felony charges.

What is a criminal complaint?

Filing a Criminal Complaint. A local law enforcement officer should always be contacted when a crime has been committed. Law enforcement officers are first responders who are specially trained to enforce the law, maintain order, and protect citizens.

How long does it take to get a state attorney's referral card?

If you are a victim and a law enforcement officer has provided you a State Attorney’s Office Referral Card, please print the downloadable form below and mail or deliver it to the office within five business days. Please include any other documentation. An Assistant State Attorney will review the provided information, as well as relevant reports by law enforcement officers. The State Attorney’s Office may contact you or witnesses for additional information.

Who can press charges?

A criminal case is not like a civil case, in which you can file a lawsuit against the person who wronged you. Instead, the prosecutor’s office files criminal charges. You may influence the decision, but in the end it’s up to the prosecutor.

How long does it take to file a criminal complaint?

The amount of time varies by state and type of crime, but generally ranges from 1 to 5 years. That means you have to file your report early enough to allow the police and prosecutor time to do their jobs.

What is the role of the prosecutor in criminal cases?

The prosecutor’s role in criminal charges. The prosecutor’s office will review the police reports to decide if the evidence warrants filing charges. At this stage there needs to be more than the probable cause for an arrest. The evidence needs to be good enough to make winning at trial likely.

What does probable cause mean in a warrant?

Probable cause means the evidence supports two conclusions: A crime occurred. The suspect is the person who committed the crime.

What can a criminal lawyer do for you?

If you have any questions about pursuing criminal charges or testifying against a suspect, a criminal lawyer in your state can help you understand your rights in your specific case.

Do prosecutors rely on uncooperative witnesses?

Usually, though, prosecutors don’t like to rely on an uncooperative witness. They prefer to have enough other strong evidence before pursing a case.

Can a prosecutor decide if you want to press charges?

But even with your help, the prosecutor may decide the case isn’t strong enough to press charges . This can be frustrating, but the final decision is the prosecutor’s. The prosecutor may also move forward with the case even if you decide you don’t want to press charges.

What to do if you are facing criminal charges in Florida?

If you are facing criminal charges, the sequence of events follow s a similar pattern in every Florida county. It is always a good idea to educate yourself of the process so you can make intelligent decisions about your own situation. Always be sure to look up the court public records to track your case, and closely follow the advice ...

What is the process of filing a formal charge?

If the prosecutor feels there is sufficient evidence to win, they will file formal charges, also called an “Information.” The Information will list the exact charge they will be prosecuting. The charges that are listed may be more or less serious than what is shown in the original arrest report. On occasion, the charges could take months to appear. If the prosecutor declines to file formal charges, an information will not be filed and the case is considered abandoned.

What is a pretrial hearing?

Plea offers may be discussed, accepted or refused. The pretrial hearings are a great way to get educated on what type of deals are routinely offered – for certain types of crimes. It may be a good idea to sit through a half day of pretrials to get educated.

What is a PTI in criminal justice?

Pretrial Intervention. You may be eligible for a Pretrial Intervention Program (PTI). Many people that are first offenders, non-violent offenders, and that are on drug-related charges become eligible for PTI. The State Attorney’s Office usually has a dedicated individual that reviews cases to determine eligibility.

Why do judges want to deal during pretrial hearings?

Most judges encourage deals during pretrial hearings because their calendar is overloaded. If you can get a favorable deal, your case could be finalized at the pretrial.

What is a deposition in a court case?

In a deposition, your attorney can find out exactly how someone intends to answer at trial, without a judge or jury hearing the results. Those answers can be challenged, expanded upon, and tested for weaknesses.

What evidence does an attorney need to give the prosecutor?

Your attorney also must give the prosecutor available evidence. That includes police reports, witness statements, and documents. In a criminal court, there are no surprises – each side always knows what evidence the other side has.

What is the phone number for the Attorney General's Office of Civil Rights?

Those who feel that they are the victims of discriminatory practices should call the Attorney General’s Office of Civil Rights at (954) 712-4607. If the office is unable to sufficiently assist, a referral to the appropriate source will be offered. 19. I do not know all of the details on the products that I buy.

What is the number to call for identity theft in Florida?

If you are a victim of this crime, you are urged to call the Attorney General’s Fraud Hotline toll free at 1-866-9-NO-SCAM, or 1-866-966-7226.

What is the Florida Constitution?

The Florida Constitution provides the Florida Legislature with sole authority to pass, and amend, the statutes. The Constitution provides the Attorney General with authority to investigate and prosecute violations of duly enacted statutes.

What is the Florida Department of Financial Services?

The Florida Department of Financial Services’ is the state agency charged with regulating the state’s insurance industry. Within that Department is the Division of Consumer Services that provides public outreach and serves as a mediator in disputes between insurance companies and consumers.

Is Florida open government?

Florida has one of the most progressive open government laws in the country. Known as the Government in the Sunshine Law, the statute provides that, except in rare circumstances, the public has access to meetings between elected officials and the records of government entities. The Attorney General’s Office is a leading source for interpretation ...

Can the Attorney General represent a private person in a legal dispute?

By law, the Office of the Attorney General may not represent private citizens in legal disputes. The Lawyer Referral Service may be reached at 1-800-342-8011 (FL only) or 1-800-342-8060 (National). The Florida Bar’s web site address is http://floridabar.com. 2. I have a complaint against a private business.

Does Florida regulate moving?

The State of Florida does regulate moves within the state, known as intrastate moves. All intrastate moving companies must register with the Department of Agriculture and Consumer Services. The Attorney General is committed to protecting consumers, as well as reputable movers, from the actions of a few unscrupulous firms by working with local authorities and through litigation when necessary. While claims for damaged goods must be filed through the carrier, you may contact our No Fraud Hotline at 1-866-9-NO-SCAM (1-866-966-7226) to report improper conduct by movers, such as holding cargo "hostage" until higher fees are paid. In addition, you may wish to contact the Division of Consumer Services for more information, or to file a formal complaint. They can be reached at 1-800-HELP-FLA or on the web at http://www.800helpfla.com/moving.html.

How Long Does the State Attorney Have to File Charges in Florida?

Under Florida’s Statute of Limitations, the length of time as to when the state is allowed to file charges, or the prescriptive period, will depend on the nature of the crime involved. In general, there are two categories of crimes under the Statute of Limitations. These are:

What is the prescriptive period for a defense attorney in Florida?

Protecting the rights of persons who have been arrested or are facing criminal charges is the primordial duty of defense attorneys. One of these rights conferred is the prescriptive period provided under the Statute of Limitations. Defense attorneys in Florida would be in the best position to defend their clients if they are well-versed with the provisions of the Florida Statute of Limitations. They can use this statute to have a criminal case dismissed on the ground that the right to file charges by the State has already prescribed.

Who is pressing charges in criminal cases?

But only in a manner of speaking. Technically, legally, as far as criminal procedure is concerned,it is the prosecuting attorney who is pressing charges.

What to do if you are charged with a crime?

If you are charged with a crime, get help. Speak to a criminal defense attorney. Whether or not the victim is cooperating, having a lawyer on the case as early as possible is best so counsel can start negotiating to get the charges dropped.

Who reviews police reports?

Police reports are then turned over to the office of the local state or district attorney and a lawyer is assigned to the case. That prosecuting lawyer reviews the police reports, including victim and witness statements, to decide whether charges should be filed.

Can a victim want no charges filed?

And as noted above, the opposite can also happen -- a victim may want no charges filed and find themselves forced by the state to participate in a prosecution against their wishes.

Can an individual cooperate with the government?

Individuals can choose to provide evidence and cooperate with the government on a case. If the cooperating individual is a victim of a crime, and that person wants the perpetrator prosecuted, then that individual can be said to be pressing charges in a manner of speaking.

Who can press charges?

A criminal case is not like a civil case, in which you can file a lawsuit against the person who wronged you. Instead, the prosecutor’s office files criminal charges. You may influence the decision, but in the end it’s up to the prosecutor.

How long does it take to file a criminal complaint?

The amount of time varies by state and type of crime, but generally ranges from 1 to 5 years. That means you have to file your report early enough to allow the police and prosecutor time to do their jobs.

What is the role of the prosecutor in criminal cases?

The prosecutor’s role in criminal charges. The prosecutor’s office will review the police reports to decide if the evidence warrants filing charges. At this stage there needs to be more than the probable cause for an arrest. The evidence needs to be good enough to make winning at trial likely.

What does probable cause mean in a warrant?

Probable cause means the evidence supports two conclusions: A crime occurred. The suspect is the person who committed the crime.

What can a criminal lawyer do for you?

If you have any questions about pursuing criminal charges or testifying against a suspect, a criminal lawyer in your state can help you understand your rights in your specific case.

Do prosecutors rely on uncooperative witnesses?

Usually, though, prosecutors don’t like to rely on an uncooperative witness. They prefer to have enough other strong evidence before pursing a case.

Can a prosecutor decide if you want to press charges?

But even with your help, the prosecutor may decide the case isn’t strong enough to press charges . This can be frustrating, but the final decision is the prosecutor’s. The prosecutor may also move forward with the case even if you decide you don’t want to press charges.