How do I know if a prosecutor has decided to file charges or not?

Asked about 1 year ago - Minneapolis, MN

I was arrested for a misdemeanor disorderly conduct and was pretty clearly innocent (the officer even said that to me candidly after arrest - but that it was too late for him to let me free), I was then let out of jail about 8 hours later. At this time I have no charge filed against me. How do I know if a prosecutor has decided to file charges or not? Do I really have to wait for the statute of limitations to run out (3 years)?

Attorney answers (4)

  1. Christian Ryan Peterson

    Contributor Level 16

    2

    Lawyers agree

    Answered . You would receive a citation or complaint in the mail. The prosecutor has up to three years to charge you, but the reality is that if it has been a few months, it's probably not going to happen.

  2. Thomas C Gallagher

    Contributor Level 17

    2

    Lawyers agree

    Answered . You will not be notified of a criminal charge not being filed with the court. You would only be notified if criminal charges are filed with the court.

  3. Andrew M. Leone

    Contributor Level 20

    2

    Lawyers agree

    Answered . No news is good news. If you are charged, you will receive a summons and Compliant in the mail. Their decision will probably happen in the next few months. If you don't receive anything, you can always contact the County Attorney Office and ask them about the status of the case.

    Good luck

  4. Tricia Dwyer

    Contributor Level 19

    Answered . Hello. You will receive notice (typically, a Summons and Complaint in the U.S. Mail) if you are charged. Generally, the longer you are not charged, the better for you. However, definitely it occurs that people are charged close in time to the expiration of the applicable statute or statutes of limitations. Based on the totality of your post, you would be wise to seek legal counsel right now, pre-charge. This website provides general information and general principles of law and does not provide private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

    Tricia Dwyer, Esq.
    Phone: 612-296-9666

    Twin Cities, Minnesota licensed attorney, Tricia Dwyer, Esq.: Phone 612-296-9666. CRIMINAL LAW, Rule 114 Qualified... more

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