Motion to dismiss criminal4/4/2024 ![]() ![]() Both of these methods constitute a formal filing of criminal charges.Ī direct complaint is a document prepared by the prosecutor which specifies the felony offense(s) the defendant is alleged to have committed. If the prosecutor believes the report provides sufficient evidence to indicate that the alleged offender has committed a crime and that the case has a reasonable likelihood of a conviction at a trial, the prosecutor will file a direct complaint and/or seek a Grand Jury indictment. If the prosecutor believes that the law enforcement agency's report does not provide sufficient evidence to justify filing of criminal charges, he or she may return the report to the submitting agency for more investigation (or "further" the report), decline to prosecute ("not file"), or refer the case to a prosecutorial agency in another jurisdiction for review. Once their investigation is complete, law enforcement officers may either arrest a suspect if they believe there is sufficient probable cause, or submit their findings to the County Attorney's Office for review by a prosecutor. Detectives may contact witnesses for formal statements, may obtain additional physical evidence as well as descriptions of suspects or stolen property. If suspects are not arrested at the scene, the patrol officer's incident report may be channeled to detectives within the law enforcement agency for further investigation. If police believe that a suspect has been identified and that there is sufficient evidence that the suspect has committed a crime (a finding known as "probable cause"), the suspect may be arrested immediately. In certain felony cases, such as homicides or vehicular collisions involving serious injuries or death, a Deputy County Attorney may come to the crime scene to assist officers with legal issues in the investigation. Police Detectives and crime scene investigators may also respond if there is a need to take special photographs of the scene or the victim, record possible fingerprints, or gather additional evidence. After first assisting anyone who may need medical attention, the patrol officer will interview the victim(s) and any witness(es) and compile a report describing the crime. When a crime is reported to a law enforcement agency, a patrol officer travels to the scene to investigate. Most misdemeanor offenses are handled by municipal prosecutors cases involving minors under the age of 18 are referred to the juvenile court system. The following is a brief description of the process to prosecute an adult accused of committing a felony offense. ![]()
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