THE PROSECUTOR'S ROLE

All information pertaining to an arrest and believed crime is provided to the appropriate prosecutor's office. The prosecutor is the lawyer representing the State in the potential case against you.

The prosecutor is independently responsible for reviewing the information supplied by the police and determining whether or not formal charges will be filed. This decision is important, but can vary from defendant to defendant, and from prosecutor to prosecutor. The decision is based on a number of factors, including facts of the case, prior criminal history, and the goals of the District Attorney's office.

If you have been arrested on the suspicion of committing a felony, a prosecutor may call a grand jury to review the information and determine what, if any, charges should be filed.

The prosecutor normally has a small window of time to decide if charges should be filed. Every person has the right to promptly appear in court to hear the charges filed and enter a plea. The State does not have the right to place you in custody, without seeing a judge, for an indefinite period of time.

The length of time that a prosecutor has to determine whether or not charges should be filed varies between jurisdictions. Many state laws require that the decision be made within seventy-two hours, while other states, such as California, require that the decision be made wihin forty-eight hours of when a suspect has been taken into custody.

It is important to note that a prosecutor is not bound by his or her initial decision regarding which charges were filed. The prosecution may later amend, or add, charges against the defendant once more information and evidence is obtained. If you were initially charged with a DUI and hit-and-run, and the person you hit later dies because of injuries from the collision, it is only logical that the prosecutor can charge you with vehicular homicide.

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