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2007-09-13 00:01:29 · 3 answers · asked by lil_cougar1 1 in Politics & Government Law & Ethics

3 answers

The filing of a case in court depends upon the difficulty and kind of case that is handled by the DA.

2007-09-13 00:34:15 · answer #1 · answered by FRAGINAL, JTM 7 · 0 0

Following the filing of a complaint and the first court appearance, the prosecutor's office in each county determines whether to pursue a criminal complaint. Prosecutors determine if cases have merit and sufficient evidence to pursue a conviction. In most counties, the prosecutor's Case Screening Unit reviews police reports and interviews victims and witnesses to determine if the original charges will be prosecuted. If there is insufficient evidence, the charges are downgraded to disorderly persons offenses and "remanded" or sent to the municipal courts for a hearing or dismissed. In some counties, prosecutors pre-screen potential Superior Court filings before a complaint is signed. If a criminal case has not been downgraded, diverted, dismised, or pled out the prosecutor will present the case to a grand jury for an indictment. The grand jury is composed of a group of citizens who have been selected from voter registration lists. It is their civic duty to serve. They consider evidence presented by the county prosecutor and determine if there is sufficient evidence to formally charge the defendant and oblige him to respond to the charge(s). The indictment is not a finding of guilt or a conviction. Neither the accused or his attorney are present. Witnesses may testify regarding the crime. Defendants may testify, however, if they are requested to attend and elect to surrender their right against self incrimination as guaranteed by the constitution. After considering the prosecutor's evidence and the testimony of witnesses, if a majority of the 23 jurors vote to indict the defendant, he must face further criminal action. This finding is a true bill that triggers further proceedings in the Criminal Superior Court. If a majority finds the evidence to be insufficient to indict, the grand jury enters a no bill and the charge(s) are dismissed. The jury may, however, decide to charge the defendant with a less serious offense, to be heard in municipal court. In this instance, the offense has been downgraded or remanded. The accused must appear in municipal court to face a disorderly persons or petty disorderly persons charge.

It depends on how long they can get the evidence together and present it to the grand jury.

2007-09-13 00:55:08 · answer #2 · answered by southern comfort 2 · 0 0

All I know is there is no statue of limitations on murder charges.

2007-09-13 00:41:43 · answer #3 · answered by msmaryanne1 4 · 0 0

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