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The arrestin law enforcement officer will initially charge the arrestee with what they believe to be the proper offense. When the officer consults with the prosecuting attorney assigned to the prosecution, the prosecutor can agree, or disagree and alter the charge to what they believe to be the proper statute. THISis the charge that will be presented to the court at arraignment.

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14y ago
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12y ago

The prosecution

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Q: Who determines charges against a defendant?
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Related questions

A person who must appear in court to answer the charges against them is?

"charges against them" indicates that the answer is the "defendant".


Why must a defendant be informed of the charges against them?

A defendent has to be faware of his charges that way he knows what he has to testify to


In criminal trials a government brings charges against the?

against..... the arrestee (known as the defendant).


What is a peripheral defendant?

A defendant that is associated by charges that support the charges against the primary defendant(s) but, in and of themselves not part of the case directly. Meaning a charge unrelated to the primary case. For example, a trucking company distributing drugs would be a peripheral defendant against the manufacturing case of their supplier.


What do you call when a plaintiff sets forth the charges against the defendant?

A complaint.


What is the purpose of arraignments?

An arraignment is not a hearing to determine guilt or innocence. It is usually a criminal defendant's first appearance in court or before a judge on a criminal charge. At the arraignment, the charges against the defendant will be read and the defendant will be asked if he/she is aware of the charges against them, and will be asked how they wish to plead.


What is it when a representative of the government brings charges against the defendant in a case?

prosecuting attorney


What is the name of the party against whom criminal action is taken against?

Criminal: Before charges filed: the Arrestee - after charges are filed: the Defendant.Civil: The party against whom the case is being filed can be identified by severaltitles: The Defendant - the Respondant - etc.


If a defendant is not allowed to hear the charges against himself which amendment has been violated?

8th


What happens if a criminal defendant dies with charges pending?

No defendant no charges. It is done.


What does felony dismissal really mean in new york city?

It depends on the type of the dismissal. Dismissal WITH prejudice means that the charges cannot be brought against that defendant again.. Dismissal WITHOUT prejudice means that the charges MAY be re-filed against the defendant.


The defendant does not have the right to be told of the charges against himher?

Yes, in the US justice system the defendant always must be told what he or she is charged with.