How a Case is Filed

Having a general awareness of the process involved in filing a misdemeanor or felony case can be helpful if you are facing criminal charges and need a better understanding of the judicial system.

Initial Stages

First, the prosecution receives information about the crime from citizens and local law enforcement officers.  The prosecuting authority then determines if a crime was in fact committed, and refers the matter to the appropriate law enforcement agency for further investigation.  The law enforcement officer will typically draft a report and pass it on to the District Attorney's Office for review.  The district attorney will then determine whether to:

• Return the case to the submitting officer or law enforcement agency for further investigation;
• Submit the case to an investigator within the District Attorney's Office for further investigation;
• Return the matter to the submitting agency with no further action taken; or
• File a criminal complaint against the individual or individuals suspected of committing the crime in question.  

Misdemeanor & Felony Criminal Complaints

The District Attorney files misdemeanor or felony criminal complaints in municipal court, where the judge will examine the facts and evidence to determine if there is enough evidence to hold the defendant to answer to the charges in superior court.  If the municipal court judge decides that the evidence is sufficient, then the case will be transferred to the superior court.  The District Attorney's Office will then file an "Information," which is an official court document listing the charges.     

Once the case is in superior court, the District Attorney's Office will handle the case for the prosecution from start to finish.  Once the case is adjudicated, any appeals that arise will be handled by the California Attorney General's Office. 

Dispelling "The Myth"

Movies, television, and the media have perpetuated the myth that a victim can "drop charges" and the defendant will no longer be prosecuted.  In truth, the power to prosecute or not prosecute lies solely with the prosecution or the District Attorney's Office.  However, this does not mean that defendants are powerless in asserting their rights.  A qualified criminal defense attorney can help you level the playing field.  Contact the Law Offices of Jeffrey B. Hayden for assistance today.