indictment
was the settlement of criminal charges by atonement the forerunner of our present procedures of fining criminals.
As a private individual you cannot 'file' criminal charges against anyone. You can attempt to bring the facts to the attention of the prosecutor's superiors - if you can present enough proof, perhaps they will institute a charge of perjury. HOWEVER you can file a civil suit against the prosecutor for false or malicious prosecution.
Usually the way criminal charges work is that the arresting or investigating agency will turn in all relevant documents to the District Attorney and then the DA will decide if there is enough evidence to support a trial or if the case should be dismissed. From there the DA will present the case in front of the Grand Jury (in some states), this is not a trial and the defendant usually is not present. In this process there is no 'one person' responsible for charging an alleged criminal.
A charging document is a pleading that initiates criminal charges against a defendant. It—not arrest—signifies the commencement of a criminal case. Complaints, informations, and indictments are charging documents. Typically, when officers make an arrest, they draft reports, then present those reports to the prosecution.
Litany charges are a list of allegations or complaints brought against someone in a legal or formal setting. They are often used in court proceedings to formally present the specific accusations or charges against a defendant.
The institution and continuance of a criminal suit involving the process of pursuing formal charges against an offender to final judgment source: Webster's dictionary
The role of the prosecutor - is to outline the charges and present the evidence against the defendant.
Criminal prosecution is instituted by the Dist. Atty. or similar person in position (states label this title as state attorney, solicitor, etc.), or any deputy state attorney. When a person has been arrested for crime, criminal action is commenced. The law enforcement agency will review the evidence and present it to the prosecuting attorney, who decides what charges he will file against the defendant.
It is the presentation of the formal charges against him. He doesn't have to be physically present, in many court systems he is "present" via a closed circuit TV link.
Yes you can ! Just because the harassment takes place in cyber-space does NOT mean there's no crime to answer for. Save any text from the person (including their ISP address where possible) and present it to the police.They have specialist officers trained in tracing on-line bullies.Added: YOU cannot PRESS CHARGES against anyone! What you can do is file a complaint with the police who may conduct an investigation to determine if the reported incident rises to the level of a criminal offense. If it does, they will investigate and present evidence to the prosecutor's office and THEY will decide whether or not to file charges.
It means that the ocurt has put the prosecution (or the plaintiff) on notice that they are failing to present a sufficient legal case against the other side in order to support their argument
Yes you do. If you press charges, you have to go to court with that person. Therefore that person becomes the defendant and you are the plaintiff.Added: INDIVIDUAL CITIZENS CANNOT 'PRESS CHARGES'AGAINST ANYONE! The most you can do is file a complaintagainst someone with either the police or the prosecutor's office. In the case of the police, they may conduct an investigation into a ccomplaint of a criminal nature - in the case of the prosecutor's office they may issue a summons to that person to come in for a hearing into your allegation against them. IF the police investigation or the prosecutors hearing sustains your complaint of criminal activity, the prosecutor's office will FILE CHARGES against them in court. You WILL be required to appear to give testimony as the complainant (i.e.: complaining witness).