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A police officer specifies the crime or crimes that serve(s) as the basis for an arrest. Officers may possibly propose that the prosecution file more rates, way too. But prosecutors get to generate the final word selection on what the costs might be.
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Charging procedure differs substantially among federal and condition court docket, from just one state to a different, and in some cases between locales within the exact state. In the event you’ve been arrested, consult with an experienced criminal defense attorney.
decide that the situation could be a felony and will visit a grand jury, which will choose what prices, page if any, to file, or
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Criminal Defense Fundamentals A criminal circumstance normally will get begun using a law enforcement arrest report. The prosecutor then decides what criminal fees to file, if any.
Some instances can then go to a grand jury for your criminal indictment or to the preliminary Listening to, where a judge decides if there is sufficient evidence to proceed. Here's how this all functions.
Take into account that prosecutors' First rates are topic to vary. For example, a prosecutor may not make a remaining conclusion on what rates to file until eventually after a preliminary Listening to, which can happen more than a month after arrest.
Some instances can then visit a grand jury to get a criminal indictment or to a preliminary Listening to, where a choose decides when there is adequate evidence to continue. This is how this all performs.