why police don't charge and send to district attorney

In some instances, it means that the police agency hasn’t sent their reports to the District Attorney’s office yet. Perhaps the officer is on day-off, or behind on his/her report writing.

Full Answer

Why hasn’t my police report been sent to the district attorney’s office?

May 14, 2019 · Even if a person is arrested, he might not be charged with a crime. This is because each decision – the decision to arrest and the decision to file charges – is made by a different authority. Police arrest someone when they believe that he has committed a crime. But only the District Attorney’s Office can file charges against someone.

How does the district attorney’s Office file charges?

In some instances, it means that the police agency hasn’t sent their reports to the District Attorney’s office yet. Perhaps the officer is on day-off, or behind on his/her report writing. In other instances, the fact that no charges have been filed may simply mean that the assigned prosecutor has been busy, is behind on their work, and hasn’t had a chance to take a look at the intake.

Why does the district attorney reject my case?

Apr 28, 2015 · District Attorneys Have Shown They Can Prosecute Police Heather Mac Donald is the Thomas W. Smith Fellow at the Manhattan Institute, and a contributing editor of City Journal. Updated April 28 ...

Can a prosecutor file more charges than the police?

It is important that you understand that the police have no authority to make a deal with you in return for your statement. Of course they may imply they do have such authority, but only the district attorney’s office can offer you a legitimate deal. Police are well-known for telling suspects that “it will be much easier on you, if you just tell me what happened.”

Why do district attorneys decide when to charge someone?

Because district attorneys decide whether or not to charge someone, district attorneys have the ability to define what an appropriate arrest is and how police should behave. They also decide when an arrest leads to criminal charges.

What does it mean when a district attorney pursues unfounded charges?

When district attorneys pursue unfounded or inappropriate charges, they encourage the continuation of police misconduct and the abuse of police power. When district attorneys charge people who have been victims of police abuse, profiling or misconduct, prosecutors send a message to law enforcement that this kind of conduct is acceptable. But when district attorneys refuse to make pursue those charges, they send a clear message to police that their office will not stand behind abusive or discriminatory arrests.

What is a district attorney?

District attorneys are the top law enforcement officials in each county. Even though the police and sheriffs are organized independently from the DA’s office, they work very closely to respond to alleged crimes. And the police can’t lock anybody into the criminal justice system without the help of a prosecutor. That means DAs can have a lot of influence on and oversight of the police.

What does the district attorney decide when someone complains about excessive force?

When someone complains about excessive use of force or police misconduct, the district attorney’s office decides whether to ignore that complaint or investigate it as a crime. The district attorney also decides whether charges are brought against an officer.

What does the ability to charge do?

The ability to charge also gives district attorneys the power to put a check on biases within the justice system based on race, gender, wealth, connections, appearance or other factors. For example, if district attorneys find that police are unfairly targeting a certain group of people, they can decline to charge and jail people whom the police have unfairly arrested. District attorneys can also deny that those biases exist or make disparities even worse by inserting their own bias.

What is the role of the local district attorney?

Their main responsibility is to pursue justice on behalf of the Commonwealth when other people are accused of breaking the law. When the police arrest someone and charge them with a crime in district court, the local District Attorney’s office has the power to prosecute those cases, divert the accused to a program or drug treatment, or dismiss the case altogether.

What is the role of a district attorney in Massachusetts?

District Attorneys are among the most powerful people in the criminal legal system in Massachusetts, and play a major role in determining the way criminal cases are initiated and ultimately resolved. They wield a substantial amount of power throughout the judicial process – from charging decisions to sentencing recommendations.

What is the DA's job?

The DA’s office also has the responsibility of providing the evidence they will use to prosecute the case to the person charged. In addition to being in control of the evidence, they also have the police who work with them to collect and produce the evidence. Although a person charged with a crime is presumed innocent and not required to prove their innocence, they may be the best person to know exculpatory evidence – or evidence that’s favorable to the defendant. That means they may need to hire an investigator to gather evidence that the District Attorney’s office doesn’t have.

Can a judge order bail?

Here’s where the DAs come in: it is rare for a judge to order bail if the local District Attorney’s office has not made a request for bail. Despite the presumption of innocence, the court will oblige the prosecutor’s request and order people to be held unless bail is paid or other restrictions – like travel limitations –followed.

What is a case where charges have been dismissed?

A situation where charges have been dismissed is different from a situation where charges were never filed. In the case of dismissal, the prosecutor actually formally filed criminal charges with the Court, and then dismissed them by motion later.

What do people want to hear about criminal justice?

More than anything, they want to hear that it’s over, and they simply want that sense of relief that comes with closure. From a legal standpoint, it’s a bit more complicated though. There are different words and phrases used to convey various stages of the criminal justice process, and some resolutions are more final than others. There are various ways in which a case can end short of a conviction: including dismissals and acquittals, and no charges filed. This page will attempt to provide a glossary and discussion of some of the commonly used phrases as to the status of charges.

What are the ways a criminal case can end short of a conviction?

There are various ways in which a case can end short of a conviction: including dismissals and acquittals, and no charges filed.

What happens if you appeal a conviction?

A full discussion of appeals is beyond the scope of this page, but legally, a successful appeal may result in overturning a conviction, sending the case back for re-sentencing, or setting a new trial. In the case of a conviction being set-aside, a defendant would also want to pursue an expungement to eliminate the record of arrest and conviction.

How long does it take for a drug case to be referred to a grand jury?

It could take weeks for a low-level drug case (for example) to be submitted to a grand jury.

Can charges be filed if new evidence comes to light?

In any event, it’s important to understand that in many cases, charges could possibly be filed if new evidence came to light. The only legal barrier to the prosecutor filing charges would be the statute of limitations or a lack of speedy trial.

Do police make charges in Oregon?

Police agencies in Oregon do not make formal charging decisions in criminal cases. Police officers can cite people for crimes and arrest people for crimes, but formal criminal charges need to come from District Attorneys’ Offices. Deputy District Attorneys in Oregon (also referred to as simply “prosecutors”) are typically the ones who make most charging decisions– although in some high-profile cases, the actual District Attorney for a given county may make the ultimate charging decision. Prosecutors typically get their intake (that is, charges for their consideration) in the form of a printed or electronic packet of police reports from a police agency. Cases alleging serious felonies where a victim has been physically injured or even killed– and where a suspect is in custody– obviously take the highest priority in terms of time-sensitivity and public safety. A case alleging a low-level non-person misdemeanor criminal charge– when the suspect is out of custody– has little or no time-sensitivity at all. Therefore, most District Attorney’s Offices will have one or more prosecutors assigned each day to review in-custody intake (that is, cases that need a fast charging decision because the suspect is in-custody, and will be released if no charges are filed). Often times prosecutors will file something against a suspect who is in-custody simply so that they can attempt to hold a suspect that they perceive as dangerous in-custody, or at least so that they can obtain court-ordered release conditions with an open case. However, if the case is a non-person case, and fairly low-level in terms of seriousness, it will end up in a literal stack (on the prosecutor’s desk) or in a virtual stack (on a computer server) for review when the prosecutor has time to make a charging decision.

Why don't juries indict?

When juries don't indict or convict it's because they accept officers' difficult good-faith decisions, not because prosecutors are reluctant.

What is a special prosecutor?

Special prosecutors are created to go after one type of case and one type of case only; they come into office with the expectation that they will “do something.” This narrow mandate can lead to abuse.

Can local prosecutor do the job?

Local Prosecutors Have Shown They Can Do the Job

Can a district attorney prosecute police?

District Attorneys Have Shown They Can Prosecute Police

Is it wrong to blame the prosecutor when juries decide not to indict or convict an officer?

That judgment represents the jury’s understanding that officers' good faith decisions, made instantaneously in difficult circumstances, should be given the benefit of the doubt and not criminalized, even when the outcome of an officer’s discretion results in an unintended tragedy like Eric Garner’s death.

What to do if you are being asked to talk to a police officer?

Our attorneys are highly skilled and knowledgeable regarding Florida laws and will assess your case after hearing what you have to say, then determine the best way to proceed. You can trust an attorney from Finebloom, Haenel and Higgins; we will aggressively defend your rights and look out for your future.

How long can a person be questioned by police?

The Court decreed that any person held for a federal crime cannot be held and questioned for longer than six hours unless they are brought before a federal Magistrate Judge. Even with these additional safeguards in place, six hours is a very long time to be questioned by police, and the rules in non-federal cases are often blurry at best. While states are not obligated to follow Federal guidelines, local police departments may choose to err on the side of caution in bringing a suspect before a judge sooner rather than later if only to avoid the possibility of having a coerced confession thrown out—or they may not.

What happens if you don't tell a white lie?

If you are innocent and don’t tell a white lie or give the police a detail they can use against you, what if the police officer you are speaking to doesn’t remember your statement with 100% accuracy? Police are only human, and unless you are being recorded while speaking to the police, they may remember what you said one way while you remember it entirely differently. They may also take a portion of what you said out of context, making it sound like you said something you actually did not mean. Of course you will have the opportunity at trial to tell the jury that you did not say what the officer stated, however in the real world juries are just much more apt to believe a police officer over the person on trial. They will assume that you will lie in order to avoid being convicted of a crime. It may not be fair, or right, but this is the world we live in.

What does it mean when a detective asks you questions?

It is equally important that you understand that if a detective calls and says he just wants to “talk to you and ask you a few questions,” this is exactly the same thing as an interrogation. The police may cloak their request in milder language in order to lull you into thinking there is no reason you shouldn’t talk to them, but police officers are highly trained to extract as much information from a suspect as possible, using any tactics necessary—even if that includes blatantly lying to a suspect.

Do you have to be silent when being questioned by police?

If you are ever in a situation where you are being questioned by the police, it is extremely important that you take your right to remain silent very seriously. In many cases suspects are questioned aggressively to the point they give in and confess—even when they are actually innocent. A 2009 United States Supreme Court ruling addressed this issue in Federal cases after a robbery suspect was held and questioned for two days straight. The Court held that interrogation involving isolation and pressure can lead to involuntary confessions from truly innocent people.

Can the police make a deal with you?

It is important that you understand that the police have no authority to make a deal with you in return for your statement. Of course they may imply they do have such authority, but only the district attorney’s office can offer you a legitimate deal. Police are well-known for telling suspects that “it will be much easier on you, if you just tell me what happened.” This statement is never going to be true, so don’t believe it.

Can talking to a police officer help you?

There are virtually no scenarios in which talking to a police officer will actually help you. If you have been brought in for questioning, it is important that you realize that the police officers believe you have committed a crime and that they have almost enough evidence against you to arrest you. It is highly likely the officers are working under the theory that if they get you to talk, you will give them additional evidence against you. It is probably fair to say that no one has ever talked their way out of an arrest; if you deny that you had any part in committing the crime in question it is highly unlikely you will be believed—after all, the police believe all suspects are guilty and that you will lie to get yourself out of trouble. There are many, many, people who believed they were eloquent or well-educated enough to convince a police officer they had no part in committing the crime in question, yet many of those people are currently sitting behind bars. Remember: There is absolutely nothing to be gained by talking to the police—it will not stop the police from arresting you and, in the end, will only hurt your case and your future.

How do you know if there isn't a police report?

First of all, how do you know there isn't a police report? The police are under no obligation to get "your side of the story" and can present the case to the DA with just the victim's version. That is where an experienced criminal defense attorney comes in. If the case is in Ventura county, there would be a case number assigned to it as soon as the report is made. Then the case is assigned to a DA to review for filing. It...

Can the DA generate cases on their own?

It is possible for the DA to generate cases on their own, but without a police report, how would they even know what allegedly happened?

Do you have to be interviewed before filing charges?

Generally, there needs to be a report and some investigation. You do not have to be interviewed before the DA decides whether or not to file charges. DA offices have their own investigators who can look into matters and report to the prosecutors, so a police report is not necessarily a precursor to filing charges, although most cases come to be filed through police reports being presented to the DA's office. You may want to consult with an experienced criminal defense attorney.

Can the DA charge you?

Yes the DA can charge you and they have their own investigators. You should not discuss this with anyone because anything you say could be misquoted and used against you. You should contact a local attorney and only discuss this with the attorney. The information provided is for informational purposes only.

Can a prosecutor file a criminal charge without a prior investigation?

There are no prosecutors I know who file criminal charges without a prior investigation. The investigation is normally conducted by the police department. However, since the question is Can they be filed I assume there is nothing that prohibits it but it might subject them to some civil liability, depending on the charges and the state you live in.

What happens if a case is sent back to the appropriate law enforcement agency?

If the case is sent back for further investigation, charges must be filed by the prosecutor’s office within the applicable statute of limitations.

What happens when a police officer arrests you?

After you are arrested, the police officer will draft a police report and forward that report to the proper prosecutor’s office. As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

What happens during a pre-filing investigation?

As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens when a prosecutor decides there is enough evidence to proceed?

If the prosecutor determines that there is enough evidence to proceed, he or she will draft a formal complaint to file with the Court. Once these formal charges have been filed, the District Attorney’s office will do one of two things:

What happens if you are arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

How can a case be dropped?

Once charges are formally filed, the case can only be dropped by way of a dismissal or not guilty verdict as a result of a lengthy court process. This gives the prosecution more time to build a strong case against you, decreasing your chances of having your case dismissed. If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

1 attorney answer

If charges were not filed and you believe the police violated your rights contact a local civil rights attorney to see if he or she is willing to take the case.

Donald Lee Bailey

If charges were not filed and you believe the police violated your rights contact a local civil rights attorney to see if he or she is willing to take the case.

Why do head prosecutors file charges?

Their charging decisions are often, therefore, affected by public opinion or important support groups. For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted. For similar reasons, a prosecutor may pursue otherwise weak prostitution charges to avoid alienating powerful civic groups. Deputy or assistant prosecutors may feel that appearing tough will help their careers, either within the prosecutor's office or later if they want to become judges.

Why are arrests and prosecutions separate?

Arrest and prosecution functions are separated primarily to protect citizens against the arbitrary exercise of police power. Police officers usually make arrests based only on whether they have good reason ( probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.

What is the role of arrest report?

Not only do arrest reports often determine what charges prosecutors file, but they also may play a key role in how much bail is required, the outcome of preliminary hearings (where hearsay evidence is often admissible), the willingness of the prosecutor to plea bargain, and trial tactics (for instance, the police report can be used to discredit testimony of the police officer who prepared the report).

What is the Prosecutor's decision?

The Prosecutor's Decision: Using the Police Report. Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports ).

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.)

Is an arrest report one sided?

Arrest reports are almost always one-sided. They recite only what the police claim took place and may include only witness statements that support the police theory. While they are generally not admissible as evidence in a trial, arrest reports can have a major impact in criminal cases.

Do prosecutors take a strong stand?

Experienced defense attorneys understand that prosecutors must sometimes be seen as taking a strong stand publicly, even though they may be willing to respond to weaknesses in individual cases at a later stage of the process. This is one of the reasons why practically every criminal defendant will benefit from the help of an experienced, local criminal defense attorney: Only those professionals know where the pressure points are and how to work around them (or with them).