Table of Contents
How long does DA take to file charges?
Typically, the DA’s office has one year from the date of the arrest in which to file charges if the crime will be filed as a misdemeanor.
What happens if DA does not file charges?
The D.A. will never issue a letter saying no charges will ever be filed, they always leave open the possibility of filing in the event additional information becomes available. This “no file” letter should also be taken to your bail bondsman so they know the disposition of the case.
Can the DA add new charges?
Yes. The district attorney and his/her deputies are given prosecutorial discretion which means that they can add, drop, or amend charges filed against a defendant.
How do I know if my da is pressing charges?
If charges have been filed against you, you can ask for a copy of the police report through the DA’s office. This report contains such information as the names of all people involved, incident description, and date and place of the incident.
How does DA decide prosecute?
Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports). The police complete an arrest report soon after they make an arrest and then quickly forward the report to a prosecutor assigned to do case intake.
Does the DA investigate?
Investigation of Law Enforcement A DA has the power to investigate allegations of law enforcement misconduct and ultimately bring charges. A DA also has the power to ask a special prosecutor or another agency to investigate law enforcement misconduct.
How long does the district attorney have to file charges?
This means that if a person is arrested and taken into custody on Monday, prosecutors must file charges against him by Wednesday. But if the person is arrested on Friday, then the District Attorney’s Office will have until the following Tuesday to file charges.
What happens if a prosecutor refuses to file charges?
If prosecutors decline to file charges within the 48-hour time frame, then the person will be released from jail. Given their ethical duty and this small window of time, prosecutors sometimes reject cases, asking police to conduct further investigation before they agree to formally file charges.
When can a police officer arrest you?
Police arrest someone when they believe that he has committed a crime. But only the District Attorney’s Office can file charges against someone. Prosecutors have a duty to only file charges when they believe that the evidence is strong enough to secure a unanimous guilty verdict from a jury (that is, 12 random people from the community).
How does the Kansas district attorney decide what to charge?
As the Kansas Court of Appeals noted in State vs. Cope, the district attorney “has sole discretion to determine whom to charge, what charges to file and pursue, and what punishment to seek.” Basically, the district attorney has the only say regarding whether to charge a defendant or not.