ABA Family Legal Guide

Criminal Justice

The Police and Your Rights

How do the police recommend that criminal charges be filed against someone?

Criminal cases go through a screening process before a defendant faces charges in court. This is a two-step process that begins with the police inquiry. The investigating officer (or another officer superior to the arresting officer) will review the arrest report. That officer will determine whether there is enough evidence to recommend filing charges against the arrested person. If the officer decides not to recommend filing charges, then the police will release the arrested person.

If the officer decides to recommend that a charge be filed, a prosecutor from the district attorney's office will review the officer's recommendation. Based on the arrest report and any follow-up investigation, the prosecutor's office will decide whether to file charges and what criminal offenses to allege.