If an alleged victim initially wanted to press charges due to high emotions, but then later changed their mind, but had given a statement to police and filed their own civil lawsuit that they later dropped, would this increase the likelihood that the prosecutor would just file the charge anyway, even if the victim didn’t want to cooperate or testify anymore because they already had their written statement? Would a prosecutors file a weak or less serious assault offense m because an alleged victim was adamant about wanting to charges pressed?
Do prosecutors get filing paperwork ready (probable cause affidavit for court, criminal complaint, etc.) for all cases before making a final decision to file? Are there cases where the Prosecutor does have all the paperwork ready, but then decide not to file?
In most cases all the prosecutors office gets is a police report which is written in a way that is often one sided and designed to convict. That’s why you see so many cases being filed at times and then dismissed later. That’s why it’s important to contact an attorney at the pre filing stage especially if you have evidence that will prove you are innocent or not guilty of the crime. Remember, prosecutors have a higher burden than the police. All the police need is “probable cause.” The prosecutor needs “beyond a reasonable doubt.” A much higher burden of proof. That said, in terms of PC or drafting a complaint, these documents are not always complete or required. Some states like Texas may have PC hearings after a DA files a case. Other states may have other ways of handling cases. For example, in some CA courts if the DA rejects a felony he/she might and often does kick it down to the city attorney for a possible misdemeanor charge. In other CA jurisdictions, a felony DA rejection ends the case and it’s not kicked down to the city attorney.
If an alleged victim initially wanted to press charges due to high emotions, but then later changed their mind, but had given a statement to police and filed their own civil lawsuit that they later dropped, would this increase the likelihood that the prosecutor would just file the charge anyway, even if the victim didn’t want to cooperate or testify anymore because they already had their written statement?
Would a prosecutors file a weak or less serious assault offense m because an alleged victim was adamant about wanting to charges pressed?
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Do prosecutors get filing paperwork ready (probable cause affidavit for court, criminal complaint, etc.) for all cases before making a final decision to file? Are there cases where the Prosecutor does have all the paperwork ready, but then decide not to file?
In most cases all the prosecutors office gets is a police report which is written in a way that is often one sided and designed to convict.
That’s why you see so many cases being filed at times and then dismissed later.
That’s why it’s important to contact an attorney at the pre filing stage especially if you have evidence that will prove you are innocent or not guilty of the crime.
Remember, prosecutors have a higher burden than the police. All the police need is “probable cause.” The prosecutor needs “beyond a reasonable doubt.” A much higher burden of proof.
That said, in terms of PC or drafting a complaint, these documents are not always complete or required. Some states like Texas may have PC hearings after a DA files a case.
Other states may have other ways of handling cases. For example, in some CA courts if the DA rejects a felony he/she might and often does kick it down to the city attorney for a possible misdemeanor charge.
In other CA jurisdictions, a felony DA rejection ends the case and it’s not kicked down to the city attorney.
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