A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any. Some cases can then go to a grand jury for a criminal indictment or to a preliminary hearing, where a judge decides if there is enough evidence to proceed. Here's how this all works.

Arrest Reports and Criminal Charges

After an arrest, the police report goes to a prosecutor, whose job it is to initiate and prosecute cases. An arrest report summarizes the events leading up to the arrest and provides numerous details, such as dates, times, locations, and witness names and addresses (if available).

The prosecutor will typically either:

• determine that the case should be charged (as a felony or a misdemeanor), and file a "complaint" (the charging document may go by a different name) with the court
• decide that the case would be a felony and should go to a grand jury, which will decide what charges, if any, to file, or
• decide not to pursue the case.

A police officer specifies the crime or crimes that serve(s) as the basis for an arrest. Officers may recommend that the prosecution file additional charges, too. But prosecutors get to make the ultimate decision on what the charges will be.

A defendant typically learns what the formal charges will be at the first court appearance.

Keep in mind that prosecutors' initial charges are subject to change. For example, a prosecutor may not make a final decision on what charges to file until after a preliminary hearing, which may take place more than a month after arrest.

Get a Lawyer

Charging procedure differs significantly between federal and state court, from one state to another, and even between locales within the same state. If you’ve been arrested, consult an experienced criminal defense attorney.

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