How do the police recommend that criminal charges be filed against someone?
A. Criminal cases go through a screening process before a defendant faces charges in court. This is a two-step process that begins with the police inquiry. The investigating officer (or another officer superior to the arresting officer) will review the arrest report. That officer will determine whether there is enough evidence to recommend filing charges against the arrested person. If the officer decides not to recommend filing charges, then the police will release the arrested person from jail.
If the officer decides to recommend that a charge be filed, a prosecutor (usually from the prosecuting or district attorney's office) will review the officer's recommendation. Based on the arrest report and any follow-up investigation, the prosecutor's office will decide whether to file charges and what criminal offenses to allege. These allegations will appear in a complaint (affidavit or information) filed in the court clerk's office.
Who Exercises Discretion
These criminal justice officials must often decide whether or not or how to:
• Enforce specific laws
• Investigate specific crimes
• Search people, areas, buildings
• Arrest or detain peopleHow do the police investigate crimes?. When the police receive a report of a crime (such as a home burglary in progress), they send investigating officers to the scene as soon as they can. If the officers arrest a suspect, they will transport that person to the police station for booking. The officer will write an arrest report, detailing when and why the officer went to the scene, along with any observations, and why the officer arrested the suspect. The officer also will fill out a property report, detailing what items (for example, drugs or cash) the police found on the suspect during booking. The officer also will list any items of evidence found at the scene, such as tools the suspect might have used to gain access to the home.
If the crime is complex or serious, the police then assign an investigating officer (usually a detective) to the case. That officer will make a return visit to the crime scene, look for more evidence, and interview any other witnesses. If the police have not arrested anyone, the detective will analyze the evidence and try to narrow down the list of suspects. The detective will question suspects and sometimes will obtain a confession.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Please make sure your daughter gets immediate and competent medical attention immediately. Afterwards, please call a personal injury attorney to discuss your options. Please visit my website to learn about my firms practice. In addition, if you should need assistance please reach out to me anytime. I hope she feels better soon.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to practice law in the State and Federal Courts of Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Shiner strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. To learn more about David I. Shiner or the Shiner Law Group, P.A. please call our office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit website at www.ShinerLawGroup.com or www.InCourt.com
Hire a local personal injury lawyer immediately!
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
The tickets issued to the adverse driver should be of less concern than seeing to it that your daughter is appropriately treated medically and that the adverse party compensates her for her injuries. The tickets are generally not admissible against the adverse driver should you bring a personal injury claim on your daughter's behalf. Speak with an attorney ASAP.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.