When Can Criminal Charges Be Filed?

Crimes can be prosecuted only by the state.

The filing of criminal charges is an important part of the criminal justice process. Prosecutors working for local, state or the federal government are the only people who can file criminal charges against citizens.

Prosecutors

Prosecutors, whether they work for a city, county, state or the federal government, have the responsibility of filing crimes against citizens suspected of committing crimes.

Police

Police and other law enforcement agencies are integral to the filing of charges against criminal defendants. These professionals conduct investigations, and the evidence they gather is used by prosecutors in determining whether or not to file charges.

Citizens

Private citizens (those who are not employed by the state) play a role in the filing of criminal charges whenever they give testimony or provide evidence to investigators. Filing a complaint with the police is one of the more common ways they provide this evidence.

Requirements

A prosecutor must be able to show they have enough evidence to show probable cause exists that the person charged with a crime committed it. This is less than the evidentiary standard required for a conviction in a court of law.

Grand Juries

Grand juries can be convened by some prosecutors to investigate whether or not there is enough evidence to bring criminal charges. If the grand jury believes there is, an indictment (criminal charges) will be filed against the defendant(s).

References

• Expertlaw: "Criminal Charges"
• Findlaw: Criminal Law