Who decides whether a charge will be brought against a suspect? The police department or the complainant?
Let us say, for example, someone makes a complaint against another person for assault. The police investigate and decide to only issue the suspect with a warning. If the complainant wants the suspect charged, are they entitled to this, and if so how?
2006-10-31 11:24:10 · 13 answers · asked by l0st 3 in Politics & Government ➔ Law Enforcement & Police
The appropriate prosecutor's office decides. A criminal case is the government against a perpetrator.
2006-10-31 11:26:06 · answer #1 · answered by imnogeniusbutt 4 · 1⤊ 0⤋
In Illinois, if it wasn't a domestic incident, the police would look at all the evidence and decide. The victim (if determined there is one) would then be asked if they wished to sign a complaint. If they wanted to, they would come down to the station and sign said complaint. If the offender wasn't on scene at the time, the officer would try to contact that party to get their side of the story. Then if there is still a victim, and they still want to sign, they would have to sign said complaint in front of a judge and the judge would issue an arrest warrant.
The only way we need to contact a States Attorney (or DA), is if the charge is a felony. We have to get approval from the States Attorney for all felony charges.
2006-10-31 12:16:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The police write out a the complaint and forward to the law directors office the prosecutors office makes the determination on if it there are charges filed or not. Then the person who files the complaint must follow up at the prosecutors office or law directors office depending if it is police or sheriffs office.
If the police only issue a warning then there is nothing done further. A warning is a warning. God bless
2006-10-31 11:29:29 · answer #3 · answered by ? 7 · 0⤊ 0⤋
The district attorney for the county/city you live in will decide what charges will be brought against that person. It is your right to file chargers on a person who has assaulted you, contact your local police department to find out their procedures.
2006-10-31 11:28:53 · answer #4 · answered by colera667 5 · 0⤊ 0⤋
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2016-11-26 21:14:53 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Generally, the District Attorney.
2006-10-31 12:06:56 · answer #6 · answered by rico3151 6 · 0⤊ 0⤋
Criminal charges may be files only by the District Attorney. If you wish to sue in court for money you may proceed that way. But it will not result in a criminal procsecution
2006-10-31 11:30:13 · answer #7 · answered by Nort 6 · 1⤊ 0⤋
Neither. The prosecuting attorney (DA or County attorney, etc...) makes that decision. The police and the victim can bring pressure but have no real say.
2006-10-31 12:40:14 · answer #8 · answered by Ranger473 4 · 0⤊ 0⤋
The District Attorney if he believes there is enough evidence
2006-10-31 11:27:54 · answer #9 · answered by Akkita 6 · 0⤊ 0⤋
Depends on the jurisdiction and the offense.
2006-10-31 11:32:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋