I am writing a paper for a criminal justice class and have a quick question. When someone fills out a police report, who decides the charges on the police report? The person filling the police report, the police, or the DA?
2007-03-08 20:41:24 · 7 answers · asked by ConcernedCitizen 1 in Politics & Government ➔ Law Enforcement & Police
lets assume felony
2007-03-08 21:03:13 · update #1
This is handled several ways and may very from state to state.
1) For Any Misdemeanor or Minor Misdemeanor the OFFICER is able to fill out an affidavit (which is the charge) and then fill out a summons (which cites them into court).
2) for any serious misdemeanor or felony the officer investigates the alleged crime and does a report. the officer then forwards the report to the DA. From there the DA will review the report and file the appropriate charges.
3) On a Felony or serious misdemeanor the officer can place the person under arrest with out charging him with anything. The officer can place that person in jail on "Pending Charges". The jail can hold a person up to 72 hours before charges are filed. (example would be someone robs a store on a Saturday, the DA is not open on weekends so the officer would arrest and place in jail on "pending charges". That person would sit in jail with NO BOND until Monday when the DA could file the charges.)
2007-03-08 21:03:59 · answer #1 · answered by OHIOCOP50 2 · 0⤊ 0⤋
The police officer determines the charges. The states attorney's office may add, drop or change the charges once the case comes to court.
An immediate arrest on scene would have the officer making the charges. Any arrest warrant for a feleony is reviewed by the states attorney's office and the SA will determine if those charges the officer submitted on the warrant have PC. The SA can add or delete the charge(s) or send the warrant back to the police for further work on the case or polishing it up to clarify the probable cause.
2007-03-09 01:15:10 · answer #2 · answered by Quasimodo 7 · 0⤊ 0⤋
...if a "report" is given to a Police Department... the PD should send an officer to investigate the report... the officer would then file a report for the detective's to follow up or submit it directly to a "State Attorney" or DA... in most cases the DA/State Attorney will authorize a complaint if there is "probable cause" to believe that the offence was comitted.
However, if a Police Officer "observes" the offence in his/her presence... "they" usually can take direct action on what they just observed ( first hand evidence...) one more thing... is the crime a Felony ? or a Misdemeanor...? in many cases a Misd can be handled by the citizan and make the complaint directly to the Clerk of the Districk Court who will review the complaint... (that's why we have cops and lawyers) It get quite involved...
2007-03-08 20:53:17 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The police fill out a criminal citation or infraction when the arrest is made or ticket is issued, and will also set a charge and a bail amount. It is then forwarded to the DA for prosecution. The DA will then file the charges, or they can chance and then file. Its all up to the DA.
2007-03-09 10:38:09 · answer #4 · answered by Jon L 2 · 0⤊ 0⤋
I got a degree in Criminal Justice and for a felony I would assume the DA would decide whether to press charges.
2007-03-08 21:36:08 · answer #5 · answered by His Angel 4 · 0⤊ 0⤋
you could document a document which you have squirrels on your attic. would not advise you anticipate the police to do something approximately it. I filed one whilst a stranger threw a lager bottle at me on the line, hitting my motor vehicle. I in simple terms needed it on record. yet be conscious, they're going to pick you to press costs. and you could. If what this individual did replaced into unlawful, then you could seek for justice. yet the two way, submitting a document now instruments the record promptly. it may effect in the different individual being suggested of this nevertheless, each and all the extra explanation so which you could press costs authentic away. The police could look into concerns like this whilst they're made conscious. Edit: John M is technically authentic. You of direction does no longer fill out a document, yet you could provide a written fact. people call it submitting a document, considering the fact it is often what they experience like they have achieved. It particularly would not remember what you call it, in simple terms pass do it.
2016-11-23 16:54:40 · answer #6 · answered by ? 4 · 0⤊ 0⤋
the officer and the da
2007-03-08 20:52:36 · answer #7 · answered by james 4 · 0⤊ 1⤋