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A police officer specifies the crime or crimes that provide(s) as The premise for an arrest. Officers may perhaps advocate which the prosecution file added fees, as well. But prosecutors get to make the final word conclusion on what the charges are going to be.

Charging treatment differs noticeably amongst federal and condition court docket, from one point out to another, and even concerning locales throughout the very same point out. In case you’ve been arrested, seek the advice of a qualified criminal defense legal professional.

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Some situations can then visit a grand jury for just a criminal indictment or to the preliminary Listening to, exactly where a decide decides if there is more than enough evidence to move forward. Here's how this all will work.

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Keep in mind that prosecutors' initial rates are topic to change. For instance, a prosecutor may not make a ultimate final decision on what prices to file right until after a preliminary hearing, which can happen a lot more than per month after arrest.

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identify that the case really should be charged (to be a felony or a misdemeanor), and file a "complaint" (the charging doc may possibly go by a different name) With all the court docket

choose that the case can be a felony and will go to a grand jury, that can choose what fees, if any, to file, or

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Criminal Defense Fundamentals A criminal circumstance normally gets started out using a police arrest report. The prosecutor then decides what criminal fees to file, if any.

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