What Happens When a Case Is Sent to the Da for Review
About people who discover themselves thrown into the criminal justice system desire to extricate themselves from the entire mess equally soon as possible. More anything, they want to hear that information technology's over, and they simply desire that sense of relief that comes with closure. From a legal standpoint, it'southward a scrap more complicated though. At that place are dissimilar words and phrases used to convey various stages of the criminal justice process, and some resolutions are more final than others. There are various means in which a case can cease short of a conviction: including dismissals and acquittals, and no charges filed. This page volition endeavor to provide a glossary and discussion of some of the commonly used phrases as to the status of charges.
"The Case is Nether Investigation"
This phrase is used frequently by law enforcement, and it'south sometimes intentionally vague. Outside of an unlawful detention, search and seizure, or formal arrest, there are few limits on what law enforcement can pursue equally office of an ongoing criminal investigation. For more data on this topic, delight read our article regarding criminal investigations.
"The Case Has Been Sent to the District Attorney's Office"
Police force agencies in Oregon do not make formal charging decisions in criminal cases. Police force officers can cite people for crimes and arrest people for crimes, but formal criminal charges need to come from District Attorneys' Offices. Deputy Commune Attorneys in Oregon (also referred to as simply "prosecutors") are typically the ones who brand nigh charging decisions– although in some high-profile cases, the actual District Attorney for a given county may make the ultimate charging decision. Prosecutors typically get their intake (that is, charges for their consideration) in the form of a printed or electronic packet of police reports from a law bureau. Cases alleging serious felonies where a victim has been physically injured or fifty-fifty killed– and where a suspect is in custody– obviously take the highest priority in terms of fourth dimension-sensitivity and public rubber. A case alleging a low-level non-person misdemeanor criminal charge– when the suspect is out of custody– has niggling or no time-sensitivity at all. Therefore, most District Attorney'south Offices will have ane or more prosecutors assigned each day to review in-custody intake (that is, cases that need a fast charging decision because the suspect is in-custody, and volition be released if no charges are filed). Often times prosecutors volition file something against a suspect who is in-custody but then that they can attempt to concur a suspect that they perceive equally dangerous in-custody, or at least so that they can obtain court-ordered release conditions with an open up case. Notwithstanding, if the example is a not-person case, and adequately low-level in terms of seriousness, it will end up in a literal stack (on the prosecutor'south desk) or in a virtual stack (on a estimator server) for review when the prosecutor has time to make a charging determination.
"No Charges Have Been Filed… At This Fourth dimension"
At that place are many times in the larger, more populated counties of Oregon, where an individual previously cited for a crime will show upwardly at the date and time of the arraignment, simply to hear from the Commune Attorney's office or judge that no charges have yet been filed. This can be one of the nigh confusing situations for someone wondering what the condition of charges are. The person asks themselves, and maybe the Court, "What does that hateful? Does that mean cypher volition be filed? When will I know for sure what'southward going to happen? What if anything do I have to practise in the hereafter to resolve this?" Unfortunately, there is no single reply to every situation like this. In some instances, it means that the police force bureau hasn't sent their reports to the District Attorney's role yet. Perhaps the officer is on twenty-four hour period-off, or backside on his/her report writing. In other instances, the fact that no charges take been filed may but mean that the assigned prosecutor has been busy, is behind on their piece of work, and hasn't had a chance to take a expect at the intake. It as well may mean some of the following.
"The Case Has Been Sent Back For Follow-Up"
Sometimes when a prosecutor receives and intake packet, they will notice that something is missing. It could be a supplemental report from an involved officer. It could be an important interview of a victim or witness. It could be an interview of the suspect or an attempt to at least go their side of the story. In some instances, the prosecutor may need to know more about why an investigation was handled in a particular fashion or what was the belief of an officer when they took a particular class of action (for case: what was the officer's subjective believe with respect to probable crusade). In any result, prosecutors can send cases back to police agencies for follow-up or clarification if needed.
"We're Pending Lab Results"
Many cases at present involve forensic prove. Examination of fingerprints, DNA, suspected drugs (technically referred to as "controlled substances"), urine, and claret are often necessary in criminal investigations. If a given instance has had materials sent to the offense lab for assay, information technology can exist several weeks or fifty-fifty several months to receive an official report back. This situation is similar to the "follow-up request" scenario discussed in a higher place and can exist a frustrating filibuster for someone eager to know if charges volition be filed or not. However, information technology'south rather obvious that most people would desire the lab testing to be washed correctly, rather than to accept a prosecutor make a blitz to judgment and file without having all the incriminating or exculpatory evidence earlier them.
"The Example Has Been Submitted to the G Jury"
Felony cases in Oregon are required to go earlier a grand jury unless the process is waived by the defendant. About cases that are presented to a 1000 jury result in criminal charges. Nevertheless, many grand juries are booked very heavy and therefore out-of-custody low-level offenses may not exist presented to grand juries in a very timely manner. It could take weeks for a low-level drug instance (for case) to be submitted to a grand jury.
"Charges Have Been Declined"
In some cases, the prosecutor will outright reject to file charges. This is different than a dismissal (discussed below). In this scenario, the prosecutor declines to file formal criminal charges. This is overwhelmingly good news, just it is important to proceed in heed that the fact that charges were not filed does not necessarily mean that no charges could take been filed, or that no charges could possibly exist filed in the future. Prosecutors may have a variety of reasons for not filing charges. It could be that the victim was reluctant or disinterested in going forward. It could be that the prosecutor didn't feel they could prove the charges. It could be that the police accidentally or intentionally engaged in unlawful conduct during the investigation, and that the prosecutor knows this would be a problem moving forward. Lastly, it could hateful that the prosecutor felt that no charges were warranted "in the interest of justice" (a vague phrase that prosecutors like to use when they don't want to specifically land their motivation for declining charges, normally for political reasons). In whatsoever event, it's important to understand that in many cases, charges could possibly be filed if new evidence came to lite. The simply legal barrier to the prosecutor filing charges would be the statute of limitations or a lack of speedy trial. The statute of limitations vary wildly depending on the type of crime, simply they are typically two years for a misdemeanor criminal accuse and 3 years for a felony criminal charge. When charges accept been declined, there is a waiting period for expungement of the arrest. For more information on this, please read our page on criminal expungements.
"Charges Have Been Dismissed"
A situation where charges accept been dismissed is different from a state of affairs where charges were never filed. In the case of dismissal, the prosecutor actually formally filed criminal charges with the Court, and and then dismissed them past motion later. The reason for the dismissal could be any of those reasons discussed in a higher place, but the important thing to notation in the case of a dismissal is that an expungement of the criminal abort and charges may be available immediately rather than afterward a filibuster. For more information on this, please read our folio on criminal expungements.
"The Defendant Has Been Acquitted"
An acquittal comes after a jury trial or bench trial (trial to the judge simply). An acquittal is very similar to a dismissal in terms of the legal upshot, and– equally with a dismissal– it's important to note that an expungement of the criminal arrest and charges may be available immediately rather than after a delay.
"The Conviction Has Been Overturned on Appeal"
A full word of appeals is across the scope of this folio, simply legally, a successful appeal may outcome in overturning a conviction, sending the instance back for re-sentencing, or setting a new trial. In the case of a confidence being set-bated, a defendant would also want to pursue an expungement to eliminate the tape of abort and confidence.
When in doubt, speak with an chaser
Once a defendant or suspect has learned their charges have not been filed, they've been declined, dismissed, or received an amortization, in that location is frequently a sense of relief and even bliss. While it is non the chore of attorneys/lawyers to exist the bearer of bad news, it is sometimes very important that a person with pending charges– or a person who was previously defendant of a crime– know exactly where they stand, and whether or not they have futurity exposure to the previously-resolved criminal charges being revived, or possibly fifty-fifty new criminal charges beingness filed. The lesser line is this: If you are being investigated for a crime, or if yous exercise non know the condition of criminal charges against you, the wisest conclusion is to speak with an attorney/lawyer. If your charges take been declined, dismissed, or yous've received an amortization, you lot should besides purse expungement as a style to clean-up your official criminal history and tape.
Source: https://romanolawpc.com/dismissals-acquittals-no-charges-filed-oregon/
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