The Initial Steps Of A Criminal Charge

Did you know that when you are arrested for a crime, there is a chance that the court will decide not to pursue it? The court can decide to drop the charges if they choose to, which would be good news for you. To understand this more, it is important to know the initial steps that take place when a person is charged with a crime.

The Arrest Occurs

A criminal charge usually begins with an arrest. The police will arrest a person when there is evidence that he or she committed the crime. At this point, the person is not guilty of the crime, even though the police arrested him or her. An arrest basically starts a criminal case but is only one step in the process.

The Police Write a Report and Submit It to the Court

Next, the police are required to write a report about the crime. This report will include the date, time, and location. It will list anyone involved in the crime and the details about it. It will also state the type of crime it is and any other important details. The police must give this report to the prosecutor in the local court.

The Prosecutor Evaluates the Charges Based on the Report

When the prosecutor receives the report, it is his or her job to evaluate it to see if there is enough evidence to pursue criminal charges. The prosecutor will look closely at the details related to the crime, and he or she will also evaluate the defendant. If the defendant has a criminal history, there could be a bigger chance the prosecutor would proceed with pursuing these charges.

The Prosecutor Makes a Decision

The prosecutor gets to make the decision in this matter and will only drop the charges if there seems to be insufficient evidence that links the defendant to the crime. In other words, there must be reasonable proof in order for the prosecutor to pursue the charges. If there is enough proof, they will move forward with the charges, and the defendant will have to complete all the steps required in the criminal law process.

If the prosecutor agrees with the police and believes that you committed the charge in question, then you will have to proceed with facing these charges. If you currently have charges pending, you should think about hiring a criminal defense law attorney to help you with your case.