After an arrest takes place, the arrest report is sent to the prosecutor of that same county. Police officers usually make arrests only if they believe they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file charges against the arrested individual(s) only if they believe that they can prove a suspect guilty beyond a reasonable doubt to a judge or jury.

The prosecutor’s  job it is to initiate and prosecute criminal cases. They look at all the circumstances of a case, including the suspect’s past criminal record, when deciding whether they will file charges and which charges to file. Prosecutors can file charges on all crimes for which the police arrested a suspect for. They can also file charges that are more or less severe than the charges sugested by the arresting agency, or can decide not to file any charges at all. The prosecutor does not want to waste time or money trying to convict someone for something that they cannot prove beyond a reasonable doubt. Therefore, they use careful discretion when choosing who to charge.

Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports). After they arrest someone, they complete an arrest report and then send it to the prosecutor’s office where a prosecutor will review it. Arrest reports summarize the events leading up to arrests and provide numerous other details including, but not limited to, dates, times, locations, and witnesses’ names and addresses.

People who are arrested sometimes claim that the arrest reports contain false or one-sided information. They generally recite only what the police decide to include and may include only witness statements that support the officers’ theories. While they are generally not admissible as evidence in a trial, arrest reports can have a major impact in criminal cases.

Once the prosecutor has reviewed the reports, he/she will either:

• decide that the case should be charged, and file a complaint (file charges)

or;

• decide not to file charges at all.

For suspects who are in custody, California speedy trial laws require prosecutors to file charges, if at all, within 72 hours. For those that are bailed out of jail before the prosecutor makes a decision, the statue of limitations to file charges generally equal the maximum jail term penalty of the crime being suggested. For example, If someone was arrested for a misdemeanor, who’s maximum jail sentence would be one (1) year, the statute is generally one (1) year. For someone who is facing charges for murder and the maximum sentence is life…the statute would generally not expire.

Prosecutors’ initial charges are subject to change. For example, a prosecutor may not make a final decision on what charges to file until after a preliminary hearing.

Some aspects that may influence a prosecutor’s decision to file charges include:

What justice requires:

Some decisions are made based on what the prosecutor believes “justice requires.” Doing justice means that a prosecutor must occasionally not prosecute someone (or file lesser charges against them) because of the interest of justice (wasting court time, saving money, the law abiding citizen made a simple mistake, etc…)

Informal policies:

Often in response to community pressure, some policies are informally implemented on certain crimes. For example, due to the elementary school shooting in Connecticut, that district may decide that anyone being caught with a weapon on school grounds may not “plea bargain” their felony down to a lesser offense.

Political pressure:

Prosecutors may also be influenced by their own ambitions for public office. Most prosecutors are elected officials. Many of which, view their position as a step towards higher office. Their charging decisions are often, therefore, affected by public opinion or important support groups.

It is important to obtain a private lawyer as soon as possible after arrest. This way, your attorney can immediately make contact with the prosecuting agency. An experienced defense attorney will have a relationship with the Prosecutor and may be able to convince them not to file charges or to file lesser charges. This is one of the reasons why any criminal defendant will benefit from the help of an experienced, competent and local criminal defense attorney like myself. Call my office today at 619-238-1905 for a free consultation.