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determine that the case could well be a felony and may go to a grand jury, that can determine what rates, if any, to file, or

A law enforcement officer specifies the crime or crimes that provide(s) as The premise for an arrest. Officers may advocate which the prosecution file extra rates, as well. But prosecutors get to create the final word decision on what the fees might be.

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establish that the case must be charged (for a felony or maybe a misdemeanor), and file a "complaint" (the charging doc may go by a distinct name) Using the court

Criminal Defense Basics A criminal situation typically will get started by using a law enforcement arrest report. The prosecutor then decides what criminal costs to file, if any.

Charging technique differs considerably amongst federal and point out courtroom, from one point out to a different, and in some cases concerning locales inside the very same point out. In case you’ve been arrested, talk to a highly trained criminal defense lawyer.

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Remember that prosecutors' initial charges are subject matter to alter. By way of example, a prosecutor may not generate a closing decision on what charges to file until finally after a preliminary hearing, which can happen much more than per month after arrest.

Some site here instances can then go to a grand jury for the criminal indictment or into a preliminary hearing, in which a choose decides when there is plenty of proof to progress. Here's how this all is effective.

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