What happens if you are prosecuted

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Hide this message. Home Crime, justice and the law Courts, sentencing and tribunals. We hear these phrases in movies, books, and the news. But how are charging decisions actually made? Let's start from the beginning on who makes charging decisions and why.

Say a suspect is accused of assaulting someone outside a bar. The police show up and arrest the suspect. What happens from there? Does the victim go down to the police station to file a complaint and press charges?

Not exactly—despite what you see on TV. Victims play an important role in the charging process, often providing key evidence and testimony. In the above situation, the victim would likely give a statement to police regarding what allegedly happened. But it will be up to a government prosecutor, not the victim, to decide whether to file criminal charges against the suspect. Several reasons exist for this system of decision making.

Crimes affect more than individual victims; they impact the community as a whole—its sense of safety and well-being. Just as city, county, state, and federal law enforcement protect the public and investigate crimes, society uses public attorneys to prosecute criminal actors. Depending on where you live, prosecutors might be referred to as district attorneys, state attorneys, city prosecutors, assistant attorneys, commonwealth attorneys, or something similar.

Prosecutors have an ethical duty to see that justice is done—which doesn't necessarily mean winning a case. A prosecutor must consider the needs of the victim and society and make decisions based on the facts, the evidence, and the law. Prosecutors must also weigh the potential harm in wrongly pursuing a case or pursuing a case too soon.

Pressing charges against an innocent individual can wreak havoc on that person's life. An arrest alone can result in jail time, taking that person away from their family responsibilities and livelihood.

The loss of freedom and damage to a person's reputation can't be undone. On the flip side, pursuing criminal charges too soon—without sufficient evidence—can result in a guilty offender going free.

Criminal charges carry serious consequences. And for all of the above reasons, the call to file charges rests with the prosecutor—someone not associated directly with the crime who can balance all the issues and is accountable to the public. Many cases start with the police being called to crime scene in response to a call from the victim or a witness to the crime.

Police interview the victim and any witnesses, gather evidence, and in some cases, arrest the suspect. The police might book the suspect at the police station and either release the suspect on bail or hold the suspect pending a bail hearing. At this point, the police usually bring the evidence to the prosecutor, who will determine whether to press file criminal charges against the suspect.

Criminal charges are filed with the court in what's called a complaint also referred to as an information or petition. The complaint identifies the suspect and specifies the crimes alleged to have been committed by the suspect. Sentencing is when the court decides what will happen to you.

If you accept responsibility for your crime, you may be able to get police diversion. You or your lawyer can ask the police prosecutor. Diversion is usually only offered for less serious offences and for first offences. Find out more about diversion on the Police website external link. This is a meeting between you and your victim, or victims of your crime, if everyone agrees to it, where you can try to put things right.

The judge will consider this when deciding your sentence. Find out more about restorative justice. If you plead not guilty, your case will have a hearing on a future date. This might be in front of a judge alone or a judge and a jury.

The court will tell you when the next event will happen and when the trial will take place. This page was last updated: 21st September Skip to main content. Criminal Breadcrumbs.