We hear these phrases in movies, books, and the news. But how are charging decisions actually made? Let's start from the beginning on who makes charging decisions and why. Say a suspect is accused of assaulting someone outside a bar. The police show up and arrest the suspect. What happens from there? Does the victim go down to the police station to file a complaint and press charges? Not exactly—despite what you see on TV.
Victims play an important role in the charging process, often providing key evidence and testimony. In the above situation, the victim would likely give a statement to police regarding what allegedly happened. But it will be up to a government prosecutor, not the victim, to decide whether to file criminal charges against the suspect.
Several reasons exist for this system of decision making. Crimes affect more than individual victims; they impact the community as a whole—its sense of safety and well-being. Just as city, county, state, and federal law enforcement protect the public and investigate crimes, society uses public attorneys to prosecute criminal actors. Depending on where you live, prosecutors might be referred to as district attorneys, state attorneys, city prosecutors, assistant attorneys, commonwealth attorneys, or something similar.
Prosecutors have an ethical duty to see that justice is done—which doesn't necessarily mean winning a case. A prosecutor must consider the needs of the victim and society and make decisions based on the facts, the evidence, and the law. Prosecutors must also weigh the potential harm in wrongly pursuing a case or pursuing a case too soon. Pressing charges against an innocent individual can wreak havoc on that person's life.
An arrest alone can result in jail time, taking that person away from their family responsibilities and livelihood. The loss of freedom and damage to a person's reputation can't be undone. On the flip side, pursuing criminal charges too soon—without sufficient evidence—can result in a guilty offender going free.
Criminal charges carry serious consequences. Most, but not all, cases will be resolved at some point. Felony Preliminary Examination. The Prosecutor presents witnesses to convince the Judge that there is at least probable cause to believe that the charged crime s was were committed and that the defendant committed the crime s.
The defendant, through his or her attorney, can cross-examine the witnesses and present evidence including witnesses.
Typically, the defense does not produce any evidence. If probable cause is established, the defendant is "bound over" i. If the Judge decides that there is not probable cause that the defendant committed the charged crime s , the judge can 1 bind the case over on different charges, 2 reduce the charges to one or more misdemeanors for trial in District Court or 3 dismiss charges.
A defendant can waive the right to a Preliminary Examination, and most felonies arrive in Circuit Court via such a "waiver.
Circuit Court Arraignment. After the case is sent to Circuit Court, the defendant is again arraigned given formal notice of the charges against him or her. The charging document is called an Information. Pre-Trial Conference. The Circuit Court usually schedules a meeting between a Prosecuting Attorney and the defendant's attorney to determine whether the case will go to trial or be resolved some other way.
The Circuit Court Judge may be called upon to resolve various pre-trial issues, some of which determine whether the case will continue to a trial, be resolved with a plea, or be dismissed or whether certain evidence will be admissible at trial. A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt.
The defendant is not required to prove his or her innocence or to present any evidence, but may challenge the accuracy of the Prosecutor's evidence. Both the defendant and the Prosecutor representing the People of the State of Michigan have the right to a trial by a jury.
Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a "bench trial.
After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime. Here is a general outline of the steps in a jury trial for misdemeanors and felonies alike unless otherwise noted :. The court's probation department prepares a report for the judge summarizing the crime, and the defendant's personal and criminal backgrounds. Generally, the victim is contacted for a recommendation of sentence and to determine the amount of restitution that is owed.
The probation officer concludes the report with a recommended sentence. Sentencing in Michigan varies with the crime and can be the most confusing part of the criminal process. This can be anything from someone who also witnesses the events to someone who can provide an alibi for the defendant.
All Rights Reserved. The following is taken from an interview with a Richmond criminal lawyer. To learn more about the legal process or to discuss your case call today and schedule a free consultation. For a free consultation call Grow Your Legal Practice. Meet the Editors. Other factors can come into play when prosecutors make charging and settlement decisions.
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