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

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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 12 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.


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