To contact the prosecutor in charge of this case, you can reach out to the district attorney's office handling the case and ask to speak with the assigned prosecutor. You may be able to find their contact information on the court's website or by calling the district attorney's office directly.
If they found whatever it was they were looking for, they will put it together with the any other evidence - present it to the prosecutor to determine if they have a prosecutable case. If the prosecutor feels that they have enough to charge you, you will then be charged.
Do not understand question. WHO says it no longer has PC? Probable Cause is WHAT the prosecutor is going to prove to the jury as the foundation for the arrest and charge.
The charge of burglary can be pleaded down to a lesser charge such as trespassing or criminal mischief depending on the circumstances of the case and the agreement between the prosecutor and defense attorney.
Can a District Court Prosecutor add a misdemeanor charge to a felony charge in Michigan just on hearsay and without any evidence? I always assumed that only a Circuit Court could add additional charges after all evidence has been presented to the court.
It means that the Grand Jury found Probable Cause to believe that you committed the offense for which you were charged at the time of your arrest despite the action of the prosecutor's office.A prosecutor can NOT "dismiss" a criminal charge. When a prosecutor makes the decision NOT to follow through on the indictment it is known as a Nolle Prosequi. In plain English it means that the prosecutor has made the decision that;(a there is no 'prosecutorial merit' to the case, OR -(b) that case is found to be lacking the necessary facts or evidence to proceed to trial.A 'Nolle' is NOT a dismissal! Prosecutors can NOT "dismiss" a charge.Only judges have the legal authority to "dismiss" a charge.If your charge was "nolled" because of a factual error or an evidentiary deficiency - AND - that error or deficiency is "cured" by subsequent police investigation, the prosecutor COULD re-institute the charge against you and take you to trial.
IF WE ARE TALKING ABOUT A CRIMINAL CASE - If the police officer(s) were able to present sufficient proof to the prosecutor to merit and sustain the charge, the case COULD still go forward. The complainant would be subpoenad to the next hearing. -OR- the prosecutor could Nolle the charge with an explanation of 'lack of prosecution.'
What do you mean by prima facie evidence? A prosecutor is free to enter into a plea agreement at any point during a criminal case. He or she is also ethically required not to charge a case against an individual unless they feel that they can prove that case beyond a reasonable doubt to begin with. That's not to say that there isn't such a thing as a unethical prosecutor that would charge a case on very little evidence. However that is a rarity. A prosecutor ethically is also required not to prosecute a case unless they believe that person to be guilty it is not simply to secure convictions. There is no such thing as an amount of evidence that is required for a plea negotiation. However, if a prosecutor is being ethical about it there will almost always be some evidence to suggest the accussed's guilt.
No. Any such action should be reported to the state attorney general.If the defendant has already been sentenced, then the case is adjudicated, completed, finished, over, done with.It would be an impossibility for a prosecutor to alter the entire preceding case and change the charge (after-the-fact) for which the defendant has already been tried and sentenced.If they wished to charge the adjudicated defendant with a NEW offense, then that avenue is open to him.
Yes, a prosecutor can subpoena a phone as evidence in a criminal case.
Yes, that is known as "Prosecutorial Discretion." Such decisons, if unpopular, can be a problem at election time, but it is legal.Additionally, I can't remember the case law names though, but the victim, has NO say constitutionally/legally on if a prosecutor refuses to charge or not.Added: Such a decision/determination is known in law as a Nolle Prosequi.I am not 100% certain about this, but I do not believe that a prosecutor has this option in a case where an indictment has been returned by a Grand Jury.
In the case of a criminal trial, the prosecutor's office. In the case of a civil trial, a motion for the charge of perjury is presented to the judge in the case, and he rules on it.
Contact the trustee who is in charge of the case.