Initial Stages of Criminal Procedure
Getting a lawyer is important when you have been charged with a felony. However, before getting one, it would also be wise to read about the justice system and learn more about the basic rules of criminal procedure. David Serna, an attorney with more than 40 years of experience in litigation, helps his readers understand the technicalities of court procedure. Today, he will discuss the initial stages of the process. In criminal procedure, it is not the police officer who files a charge or complaint against an erring individual. Rather, it is the prosecutor, a lawyer who represents the state. The role of the peace officer is limited to making a detailed report of the facts and circumstances leading to the arrest. The arresting report typically contains the acts constituting a crime, the time and location of the arrest, and the names of witnesses, if there be any. In some instances, a peace officer can recommend that more than one crime be charged. After the report is submi...