Question:

Can someone explain what a DA weights to take on a case or not?

by  |  earlier

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IF there is little evidence in a case how does the DA decide to take it on? What if the person doesnt want to press charges because they are doubtful now? I guess what happens after the police present there invegistation to the DA what is the DA next step do they question people before they file charges or do they just go by what the police say and file the charges?

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3 ANSWERS


  1. the district attorney will have to have enough basis to get a judge to grant a hearing. If they are blowing smoke a judge will not want to deal with it. Even if the person does not want to  press charges depending on the crime, the state will take over if its a serious crime.


  2. Once something is placed on a district attorney's desk, they must take it on. It's a case, meaning open, meaning none negotiable... you get the idea.

    Most DA cases have nothing to do with a private party, rather the state. So I'm not sure why your say matters anyhow. (not being rude, just saying it's "people vs state" not people vs *you*)

  3. Depending on a case filed?

    The process in a case is

    1. Crime

    2. Pre arrest

    3. Arrest

    4. Booking

    5. Post Arrest Investigation

    6. Decision to charge?

    (here is where you are now I presume?)

    The prosecutor has the case and must weigh the facts of the report written by the officer against the STRENGTH OF THE EVIDENCE?

    The prosecutor must weigh also the case, crime, severity, lesser charge, drop the charge, criminal record etc..

    7. Charges filed or Complaint Filed

    8. magistrates review

    9. First Appearance

    10. Preliminary hearing

    11. Grand Jury Review

    12. Filing of indictment

    13. Arraignment on information

    14. Pre trial

    15. Trial

    16. Sentencing

    17. Appeals

    18. Collateral Challenges

    19. Administering Sentence

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