Usually police or another agency will conduct an investigation. They will present this information to the prosecutor who will review the facts. If the prosecutor feels there is sufficient probable cause, the complaint will be drafted as a warrant and presented to a judge. The judge will then read the warrant and make a decision if an arrest is made.
Once the arrest is made, the case goes through plea bargening channels and if an agreement isn't met, a trial at court will occur
Law enforcement makes the initial decision as to whether sufficient PC exists to ARREST the individual. Then the Prosecutor's Office makes the decision whether to CHARGE them.
to determine if there is sufficient evidence to formally charge the defendant / suspect.
The District Attorneys office makes the decision whether or not there is enough evidence to go forward with charging someone with a crime.Added: The above question and answer addresses only formally "charging" the defendant in court, and is separate and apart from the question of establishing the Probable Causenecessary for a Grand Jury to hand down an indictment.
A true bill.
it depends on what kind of evidence there is against the suspect.
A grand jury indictment is a charge issued by a grand jury in a criminal case. Typically, the jury determines whether enough evidence exists to formally charge the suspect with a criminal crime. Grand jury indictments are not dismissed by the court but in a formal hearing, a defense team can argue against any bias.
An individual who has been accused of a crime may return an indictment if there is enough evidence to formally charge them. An indictment is typically returned by a grand jury following a presentation of evidence by the prosecutor. The indictment signifies that there is enough evidence for the case to proceed to trial.
What do YOU call "no evidence?" If there is no evidence they can't charge you.
1) To gather evidence to find the cause of death. 2) To find out whether or not the death was homicidal or suicidal. 3) If it was murder, to compile enough evidence to be able to charge a suspect with murder.
yes
The grand jury listens to all the evidence in a case against the accused and decides whether to charge the individual with the crime. This is called an indictment or an information.
The ONLY thing necessary for law enforcement to charge an individual with a crime, is "reasonable cause to believe" that the suspect committed it.
The Grand Jury is to decide if the evidence warrants prosecution.