Criminal Law Process: What Happens After a Criminal Arrest?
After someone is arrested there are several steps before they have a criminal record or go to jail.
1. The Arrest:
The police arrest someone based on probable cause that the person has committed a criminal offense.
2. Filing the Complaint:
The police provide reports and evidence to the prosecuting attorney (district attorney, city attorney, U.S. Attorney, etc.). The police do not file charges. The prosecuting attorney then decides whether or not charges should be filed . If they determine charges should be filed, then it is the prosecuting attorney who decides which charges will be filed. The prosecuting attorney files the "Complaint" with the court, which sets forth the allegations against a criminal defendant.
