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Procedure for filing formal charges after arrest

Posted by attorney Elmer Sanchez

When a person is arrested, the police officer will forward the report to the State attorney’s office. The intake department will review the report and determine if formal charges will be filed. The State has complete discretion. If charges are filed, the State attorney prepares an information and files it with the court. (In more serious cases, the case is taken to a grand jury to obtain an indictment). If the State attorney decided that no charges will be filed, a no-information is prepared and filed with the court. The accused will be informed of the State’s decision at the arraignment.

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