what does it mean state request charge district attorney

by Alba Ankunding Published 3 years ago Updated 2 years ago 9 min read

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

“Charges” are legal allegations that a suspect has committed a specific criminal offense as defined by state law.

Full Answer

Can a district attorney file charges against a suspect arrested by police?

Dec 27, 2020 · What is a request to charge? YouTube. At the end of the trial, the judge asks the lawyers to give the court their requests to charge. The court charges the jury with the the law in New York. What that really means is that the judge gives the jury instructions on the law and definitions of what the law means. Before doing that, each side has an ...

What is the difference between the county and the district attorney?

It means the state is no longer pursuing a criminal case against you. However, this does not mean you're clear of any civil claims that can be brought against you by private individuals. This also does not mean that if further evidence later surfaces, you cannot be charged again, as double jeopardy generally does not attach until a jury is ...

How does the district attorney decide to file a complaint?

Only the victim of a crime may request the Office of the District Attorney to drop charges against (or decline the prosecution of) a defendant. The District Attorney’s Office has a no drop policy on Domestic Violence matters and this Drop Charge Request is not available. If you are a victim who wishes to make a formal drop charge request:

What happens when the district attorney decides to wait to file?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

Is District Attorney local or state?

In the United States, a district attorney (DA), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties.

Who makes the charging decision?

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.

Why do prosecutors sometimes choose not to prosecute criminal cases?

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 does the state attorney have to file charges in Florida?

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 long do charging decisions take?

The police may be in a position to make a charging decision shortly after interviewing you. However, sometimes they may have to wait for more evidence to bolster their case. If the matter is a summary only offence, the police must lay the charge within 6 months of the incident.

What facts may the prosecutor consider when deciding what charges to file?

(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 happens if charges are dropped before court?

If your charges are dropped, it means that, at least for now, you won't have to go to court to face them. You're free to be released if you're being detained. However, a prosecutor may decide to bring the charges back against you in the future, making it important to be aware of the risks going forward.Apr 26, 2021

Can charges be dropped after sentencing?

Most state and federal courts have held that judges can consider uncharged crimes and even acquitted charges at sentencing. It follows that most courts allow judges to consider dismissed charges as well.

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 does state attorney do?

The functions of the State Attorney is as follows:

The drafting and managing of contracts on behalf of the State. The handling of criminal and civil litigation cases instituted against State officials and committed by means of acts or omissions while executing their official duties.

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

Can a felony be reduced to a misdemeanor in Florida?

With the help of an experienced criminal defense attorney, however, you can have felony charges reduced to a misdemeanor, drastically lowering the maximum penalty for the crime.

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 the job of a state attorney?

A State's Attorney, along with a phalanx of Assistant State's Attorneys, prosecutes criminal and civil cases for the people.

How do police arrest a suspect?

What is the job of a criminal prosecutor?

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 ]. First, police file a warrant or charging request with the State's Attorney following an investigation.

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.

How many lawyers are there in Cook County?

For example, the Cook County State's Attorney in Chicago has more than 900 lawyers and a total staff of 1,600 employees [source: Cook County State's Attorney's Office ]. Assistant State's Attorneys, also known as Deputy State's Attorneys,are the ones who actually appear in court, file the legal briefs and interview witnesses. The State's Attorney, on the other hand, is in charge of policy, staffing and running the office, and making decisions about certain high-profile cases.

What is an arraignment in court?

An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea. Depending on the type and severity of a crime, there can be several pretrial hearings. At some point during these hearings, a plea bargain may be offered to induce the suspect to enter a guilty plea. Advertisement.

What is the law in California regarding arrests?

California law establishes standards which must be met when making an arrest. Section 836 of Title 3, Chapter 5 ("Making of Arrest") of the California Penal Code (PC) states that a peace officer may make an arrest in obedience to a warrant, or may, without a warrant, arrest a person: • Whenever he/she has reasonable cause to believe ...

Why are prosecutable cases discharged?

As a result, prosecutable cases are possibly being discharged by the DA because they do not meet this high standard of reasonable doubt . In addition, given that the Police Department is making arrests based on the probable cause standard, and the DA is prosecuting such cases based on a much higher standard, it is inevitable that conflicts should occur between the Police Department and the District Attorney as a result of the DA"s decision not to proceed further with a case.

What is the meaning of Chapter 7 Section 860?

Nevertheless, case law pursuant to PC Title 3, Chapter 7, Section 860 (Examination of Case and Discharge of Defendant) states that the evidence produced at a preliminary hearing need not establish guilt beyond a reasonable doubt, but is sufficient if it establishes reasonable and probable cause.

What is DA 1.4?

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]

What happens at a preliminary hearing in a criminal case?

At the preliminary hearing, a judge determines whether there is sufficient evidence for the case to go to trial.

Does the DA have to meet reasonable doubt?

Based on conversations with staff from the Public Defender"s and other County Prosecutor Offices, although meeting the reasonable doubt standard is necessary to convict a person, it is not necessary to meet this standard in order to place a person on trial. Using such a high standard in making the decision whether or not to file formal charges eliminates the possibility of gradually being able to build a case against a suspect. As such, the DA may not be prosecuting some cases that perhaps could be prosecuted if additional time were provided in order to expand the investigation, develop the case and collect additional evidence and information.

Does the Penal Code establish a standard for making an arrest?

While the Penal Code does establish a standard for making an arrest, it does not establish a standard which must be met by the District Attorney in determining whether or not to press charges against the suspect.

What does it mean when a prosecutor adds charges?

It means he is adding additional criminal charges , and requesting a Preliminary Hearing on them. Not unusual. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

What does the DA think of additional charges?

Sometimes the DA thinks that with further investigation additional charges will show up. In a case like the one you asked about the DA is giving notice to the court and the defendant that additional charges or counts will be filed against the defendant. When a person is arrested for a crime he has a number of days before his preliminary hearing has to be held. To make this go past that time the defendant has to make a time waver. It seems from the facts given that the DA will not have all the charges ready by the time of the prelim.

What does "change charge" mean?

It means that they are changing the charging document in some way. This means the charges are changing in some way, maybe add a charge, maybe dismiss a charge, maybe change the way a charge reads. If the changes affect a charge that either make a PH available or not available, then that may explain the other issue.

What does preliminary hearing mean in a felony?

It means they've found new things they want to charge you with. On all felonies there is a preliminary hearing unless the DA goes to the Grand Jury for an indictment.

Can a prosecutor amend a charge?

Prosecutors sometimes get new information and will rethink their charging decisions. An amended complaint will change the charge in some way, but they must have the court's permission. Setting the case for a preliminary (probable cause) hearing is normal whether or not the charges are amended. It is often unwise to oppose an amended complaint because if the court does not allow it, the prosecutor will just dismiss the charge and refile the new one *without the court's permission*. That may cause a new warrant to be issued and the defendant to have to post a new bond.

How does a district attorney get an arrest warrant?

The district attorney will likely simultaneously file paperwork requesting that a judge issues an arrest warrant for the suspect. An arrest warrant is similar to a search warrant, but instead sets out a person that is to be brought into custody. A district attorney does not have the power to issue an arrest warrant by herself. Rather, only a judge can sign a warrant to make it effective. The judge will ensure that probable cause exists to suspect the individual has committed a crime. To show such probable cause, the district attorney will generally draft a written statement that outlines the evidence obtained by police during their investigation. Again, the threshold the district attorney must reach here is very low: probable cause only requires a “reasonable ground for belief of guilt,” as the Supreme Court noted in Maryland v. Pringle. With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued

What happens if a district attorney waits to file charges in Kansas?

The longer a district attorney waits to file charges, the more “stale” a case becomes. Witnesses disperse around the country. Some may even pass away or suffer from failing memories. This process can hurt both the prosecution and defendant. Recognizing this, Kansas has adopted a statute of limitations for nearly all crimes. These serve as time limits upon when a district attorney may file a complaint for committing a crime. After the set number of years passes, the suspect will not be subject to prosecution.

What does the district attorney do?

The county handles the prosecution of all state offenses; that is, violations of a state law. The police investigate both state offenses and municipal infractions, or violations of city ordinances. However, the district attorney will only handle state felony or misdemeanor charges (a city prosecutor will handle ordinances violations for each city). The charges generally must be brought in the county where the crime is alleged to have taken place. The district attorney will go through the investigation file to determine if there is sufficient probable cause to file a complaint. This complaint is the legal pleading that lays out which crime (s) the suspect is alleged to have committed.

What happens when a charge is filed?

Once a charge is filed, the options of eliminating the case are very few. Unlike investigations, which may ultimately never produce any real traction for the state, a filed complaint is quite different. First, the complaint creates a criminal case that is largely a matter of public record. This means any number of people, including potential employers, friends, or family members, can easily find records of the accused and what charges were filed. Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.

Can a grand jury file a complaint in Kansas?

Recognizing this, Section 22-2301 (2) grants the power to judges to order district attorneys to institute criminal proceedings in “extreme cases.” Kansas law also allows for a grand jury to file a complaint on its own behalf and force the district attorney to go forward with the charges. These exceptions are virtually unheard of, however. Instead, it is much more common place for district attorneys to freely choose to prosecutor nearly all alleged crimes put before them. Thus, even though in theory the state could choose to forego a prosecution, that is unlikely unless the case is extremely weak and that fact is obvious even from the investigation stage.

Who is responsible for bringing charges against a defendant?

Once law enforcement has gathered sufficient evidence through investigation, the case is given to the district attorney. The district attorney is the lawyer for the state that is solely responsible for bringing charges against a defendant using the process called prosecution. This begins the “lawsuit” portion of a criminal investigation, ...

Can a district attorney file probable cause?

With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued. “Discretion to file” is one peculiar aspect of the American criminal justice system is the ability of a district attorney to completely forego criminal charges.

What happens if a prosecutor refuses to file charges?

If prosecutors decline to file charges within the 48-hour time frame, then the person will be released from jail. Given their ethical duty and this small window of time, prosecutors sometimes reject cases, asking police to conduct further investigation before they agree to formally file charges.

When do prosecutors have to decide if a person is in jail?

And when a person is arrested and taken to jail, prosecutors must decide whether charges are warranted within 48 hours of the arrest, excluding weekends and holidays. [i] This means that if a person is arrested and taken into custody on Monday, prosecutors must file charges against him by Wednesday.

When do police arrest people?

Police arrest someone when they believe that he has committed a crime. But only the District Attorney’s Office can file charges against someone. Prosecutors have a duty to only file charges when they believe that the evidence is strong enough to secure a unanimous guilty verdict from a jury (that is, 12 random people from the community).

Can a district attorney change a filing document?

The district attorney can change the filing document to add or delete counts. To add a count (as in your son's case) the district attorney files and amended complaint. This in what was done in your son's case.

Can a district attorney drop charges?

Yes. The district attorney and his/her deputies are given prosecutorial discretion which means that they can add, drop, or amend charges filed against a defendant.

Can a D.A. add charges?

Sure, the D.A. can always ammend the charge and/or add new charges as new information becomes available. Your son should consult with his attorney regarding what he should do next.

Can a district attorney amend a complaint?

Yes. The District Attorney would only need to file an Amended Complaint if a Complaint was already filed. If the "new" charge was not on the original Court docket (not the citation), then the DA likely just realized they "forgot" a charge. If it was on the original complaint, then my guess is that you believe it is "new" because it was not listed on the citation. If that is the case, the DA can file any charges it believes may lead to a conviction based on information provided by the Police Department.