Legal Tips and Resources

So, you were arrested on criminal charges and you think that law enforcement is now your biggest enemy. You are wrong. While police officers are permitted to arrest you, it is the decision of the prosecution to file official charges against you. The two are mutually exclusive so there is no abuse of power between the two. Police officers enforce laws and make arrest when there is a crime, or reason to believe a crime has been committed. While prosecutors file charges against those suspects only if they can prove that the suspect is guilty of said crime. And while the two roles go hand and hand, they are not the same. However, do not confuse the power of a prosecutor. Just because you were not arrested for certain crimes, does not mean you cannot be charged with certain charges in connection to the crime you are accused of, just so long as they can be justified.

The prosecutor uses the police report to decide what charges will be brought against a suspect, but police reports are not a reliable source of information as they are only the officers perspective and do not account for the entire incident, that is of course officers were on the scene prior to the commission of the crime and witnessed it first-hand. While police incident reports do not determine the fate of the suspect, they do contribute a great deal of influence to the prosecutor’s criminal case.

If you or someone you know has been arrested for criminal charges and fear the possibility of being charged for that or more, you should speak to a criminal defense attorney, like a Decatur criminal lawyer, as soon as possible. Having a knowledgeable defense attorney in your corner would only help you. An experienced attorney will be to request all of the details of your case and build a strong defense for you to get you the justice you deserve.

Unfortunately, politics play a huge part in criminal charges that may or may not be filed against you. Many prosecutors are elected officials that file valid but sometimes-unnecessary charges that will please the public. By doing so, prosecutors may get the votes of certain people that agree with their decision. This is why it is important to seek legal counsel almost immediately after an arrest, there are many things that you may not know but an practiced criminal defense attorney will be able to protect you from.



Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into criminal defense.