How are criminal charges filed in a criminal case?

The first way a criminal trial can start is through a document called the “information.” This document is written by the prosecutor and is somewhat similar to a complaint in a civil trial. After probable cause is found in the preliminary hearing, the information is filed.

Can you file a civil charge against someone?

In civil cases, you are able to file charges against a person who did wrong to you. However in criminal cases, a prosecutor’s office files the criminal charge. While the victim can have influence on the prosecutor’s decision, ultimately it is up to the prosecutor on whether or not a charge will be filed.

How long does it take to file charges after a crime?

Prosecutors must file charges within a certain amount of time—called the statute of limitations —after a crime occurs. The amount of time varies by state and type of crime, but generally ranges from 1 to 5 years. That means you have to file your report early enough to allow the police and prosecutor time to do their jobs.

How can I press criminal charges against someone?

If the criminal charge is a felony, prosecutors might need to do a little more work before charges will be pressed. For example, in certain states a grand jury is needed to indict the suspect, while in other states a prosecutor has to convince the judge that a trial is needed. What is the victims role in criminal charges?

The first way a criminal trial can start is through a document called the “information.” This document is written by the prosecutor and is somewhat similar to a complaint in a civil trial. After probable cause is found in the preliminary hearing, the information is filed.

Instead, the prosecutor’s office files criminal charges. You may influence the decision, but in the end it’s up to the prosecutor. In most cases you’ll get a criminal case started by filing a police report. Include as much information about the crime and the person who committed the crime.

How does a criminal case usually get started?

A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any. Police officers arrest suspects, but prosecutors decide whether to file formal charges against suspects. Learn how charges are filed and what factors prosecutors may consider in deciding on particular charges.

In civil cases, you are able to file charges against a person who did wrong to you. However in criminal cases, a prosecutor’s office files the criminal charge. While the victim can have influence on the prosecutor’s decision, ultimately it is up to the prosecutor on whether or not a charge will be filed.