Module 2
Overview of the Criminal Justice System

Charges

The official criminal charges against the defendant are filed in one of two ways:

  1. Grand jury indictment, or
  2. Complaint/information filed by the prosecutor.

Generally, low level offenses (misdemeanors) are filed by the prosecutor in a complaint/information. Felony charges can be filed by either method; the method used will depend on state law and local practice. Some states’ laws provide for use of a grand jury system while others do not. Even where a state’s law provides for use of a grand jury to file charges, many do not require its use as the only mechanism for filing charges and then local practice will dictate. Consult your agency’s state-specific supplemental guide regarding state law and local practice used to file criminal charges in your jurisdiction.

This difference between filing charges with a grand jury indictment and complaint/information is explained below:

Grand Jury Complaint/Information

The grand jury is comprised of citizens summoned as jurors much the way a trial jury begins. But a grand jury differs from a trial in many important ways. A grand jury does not decide guilt but only whether probable cause exists to charge the defendant with a crime or crimes. Grand jury proceedings are secret and more informal than a trial. No judge presides over this process. The prosecutor presents evidence similar to the presentation of evidence at trial (through witness testimony, etc). Neither the defendant nor his/her attorney has the right to be present while the evidence is presented (though the defendant may have a right to testify). The prosecutor defines applicable laws for the grand jury and asks these jurors to issue formal charges based on the evidence before them. The grand jurors deliberate and vote on whether, and which, charges the prosecution can move ahead with. If the grand jury decides to issue charges it is referred to as a true bill, and the resulting charging document is called an indictment. The prosecution can only move forward on the charges in the indictment.

Under this charging method the prosecutor evaluates the evidence and decides what charges are supported by probable cause. Prosecutors will often charge the defendant with only those charges they believe they can prove beyond a reasonable doubt at trial. The prosecutor prepares the complaint (also referred to as an information) specifying each charge and files it directly with the court.

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