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Some situations can then go to a grand jury to get a criminal indictment or into a preliminary hearing, where a judge decides when there is sufficient proof to progress. Here's how this all operates.

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A police officer specifies the crime or crimes that serve(s) as the basis for an arrest. Officers could endorse which the prosecution file extra rates, way too. But prosecutors get to make the ultimate determination on what the charges will likely be.

determine that the situation need to be billed (to be a felony or a misdemeanor), and file find this a "grievance" (the charging document could go by a distinct identify) Together with the court docket

Criminal Defense Principles A criminal case ordinarily gets started having a police arrest report. The prosecutor then decides what criminal costs view to file, if any.

Remember that prosecutors' initial costs are issue to alter. For instance, a prosecutor may well not make a final selection on what fees to file right up until after a preliminary Listening to, which may occur much more than per month after arrest.

decide that the case can be a felony and may visit a grand jury, which is able to make your mind up what rates, if any, to file, or