How long does a deputy prosecutor have to screen a case and decide whether or not it goes to court?
Question Details:
Someone filed a report with the police alleging that I had vandalized their property. I know that charges cannot be files unless the deputy prosecutor sees fit based on the report filed. How long from the time that report lands on their desk do they have to actually press charges?
Criminal Defense Law Answers
The general rule is that a deputy district attorney has the discretion to file or not file charges against someone based upon a police report. As to the time period for a deputy district attorney to screen a case and decide whether or not to file a criminal action against the accused, there is no set statute.
Some office's have custom and practice where a decision needs to be made within 90 days or so. It all depends upon the office handling the filing of a criminal complaint. Bottom line is that the filing of the complaint must be done so within the applicable statute of limitations of the given offense.
Related Criminal Defense Questions
- How long can a felony drug charge be pending?
- Can a juvenile case be thrown out if Miranda warnings weren't read at arrest?
- I was arrested for cocaine possession; should I take the prosecutor's plea offer of one day in jail ...
- Can a juvenile be released before charges are filed in juvenile delinquency court?
- Who can perform a marriage ceremony?
Didn't find your answer? Ask.
Top Ranking Attorneys
- Kevin Bessant432 Answers|Points 5850Gold Contributor
- Madan Ahluwalia104 Answers|Points 1900Silver Contributor
- Kenneth Berger33 Answers|Points 1630Bronze Contributor
- Harun Kazmi60 Answers|Points 840Bronze Contributor
- Hong Shen528 Answers|Points 800Platinum Contributor
- Barry J. Simon16 Answers|Points 640Bronze Contributor
- Hong Shen528 Answers|Points 26400Platinum Contributor
- Kevin Bessant432 Answers|Points 21580Gold Contributor
- Steven Fromm113 Answers|Points 5430Silver Contributor
- Madan Ahluwalia104 Answers|Points 5170Silver Contributor
- Kelly Broadbent93 Answers|Points 4600Silver Contributor
- Glenn M. Lyon, Esq.93 Answers|Points 4530Silver Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here