Criminal Court Process - Charging Decisions

Criminal Court Process Charging Decisions

Criminal Charging Decisions:

One of the most critical steps in the criminal justice process is the charging decision. Charging decisions include whether or not to file criminal charges in a case, and if so, what the charges should be.

Charging decisions are influenced by legal and ethical standards and a reasonable belief that the charge(s) can be proven to a jury. A Deputy or Chief Deputy District Attorney reviews the criminal case that law enforcement presents, which results in one of the following:

• The case is accepted for filing criminal charges
• The case is not accepted, or declined, for filing criminal charges
• The case is required to undergo more investigative work before a final filing decision is made

The charging decisions depend on the facts of the criminal case, such as physical evidence, statements made by witnesses and opinions of experts. These facts are weighed against statutes in order to verify that the facts support the proof of the crime beyond a reasonable doubt. If they do, a formal criminal charge is filed.

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