Investigation and Filing of Criminal Charges

After an arrest, the prosecutor decides whether he or she will file formal criminal charges against you. So even though you were arrested for a crime or are currently being investigated for a crime, the prosecutor may ultimately decide not to actually charge you with the crime.

The prosecutor must review and investigate all arrests prior to formally filing any criminal charges. The prosecutor examines the police officer’s report, speaks with any witnesses or alleged victims as well as the arresting officer or detectives, in order to make a determination as to what crime, if any, should be filed against you.

The prosecutor must file formal charges against you within 90 days of your arrest if the charge is a misdemeanor offense, or 175 days if the charge is a felony offense. If the prosecutor fails to file formal charges within this period of time, you may have legal challenges that could lead to a dismissal of your case.

This is a crucial window of opportunity.

The prosecutor may, after reviewing and investigating the case, decide that there was no crime committed because the facts don’t support it, or decide that the crime the officer arrested you for is too excessive and a lesser charge should be filed. It is at this time that I can intervene on your behalf and convince the prosecutor to not file formal charges, or give them factual or legal reasons why the filing of lesser charges would be more appropriate.

This saves you the time and cost (both material and emotional) to defend yourself against a charge that you are not guilty of committing. Importantly, if there is no intervention, you may be charged with a more severe crime(s) and be at a strategic disadvantage in future negotiation or trial.

This is to provide you with general information and is not legal advice or a substitute for
legal advice. Importantly, each case is unique and will not necessarily be handled in the same manner as described. Please contact me, Sabarish P. Neelakanta, to schedule a free initial consultation if you have specific questions regarding a criminal case against you.