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make a decision that the case might be a felony and may visit a grand jury, which is able to determine what rates, if any, to file, or
A police officer specifies the crime or crimes that provide(s) as the basis for an arrest. Officers could recommend which the prosecution file more prices, as well. But prosecutors get to create the final word choice on what the fees are going to be.
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establish that the situation need to be charged (as a felony or simply a misdemeanor), and file a "criticism" (the charging doc may go by a distinct identify) Along with the court docket
Criminal Defense Fundamentals A criminal scenario commonly will get began with a law enforcement arrest report. The prosecutor then decides what criminal rates to file, if any.
Charging process differs substantially amongst federal and condition court, from a single condition to a different, and in some cases among locales in the same state. When you’ve been arrested, check with a seasoned criminal protection attorney.
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Remember the fact that prosecutors' Original costs are subject matter to vary. Such as, a prosecutor may not generate a ultimate selection on what prices to file until finally after a preliminary Listening to, which may happen more than per month after arrest.
Some situations can then go to a grand jury for any criminal indictment or to the preliminary hearing, where by a decide decides if there is more than enough proof to commence. Here's how this all operates.
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