Either a judge or a jury may decide the verdict on how well the State's Attorney proved the case. During the trial, the State's Attorney may make opening and closing statements, offer evidence, question witnesses and challenge the defense attorney's legal actions.
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.
one yearFor most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed. If the crime is a felony, the prosecution generally has three years to file charges from the date the offense was allegedly committed.
North Carolina prosecutors can file felony charges at any time, but they must file most misdemeanor charges within two years of the crime.
It's worth noting that not all criminal charges go to trial. Indeed, many charges are dropped prior to trial during negotiations between prosecutors and defense lawyers. But it is only the prosecutor who can drop such charges.
The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.
Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.
Statute of Limitations in Federal Crime Cases For most federal crimes, the statute of limitations is five years. Bank fraud has a statute of limitations of ten years. Immigration violations and arson are also subject to a ten year limit.
California Statue of Limitations Law The range is usually from one year for many misdemeanors, three years for many felonies, to no time limit at all for crimes that are punishable by death or by life in prison. If there is no statute of limitations, the prosecutor may bring charges against someone at any time.
North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors.
6-monthsFor NSW summary offences, you cannot be charged after 6-months from the date of the alleged offence. The six-months state of limitations in NSW applies to all summary offences, under section 179(1) of the Criminal Procedure Act 1986 (NSW).
After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers.