How long does a deputy prosecutor have to screen a case and decide whether or not it goes to court?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long does a deputy prosecutor have to screen a case and decide whether or not it goes to court?

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?

Asked on February 3, 2012 under Criminal Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption