Why do cases get dropped?
Criminal charges are usually dropped if the prosecutor or arresting officer believes that there is not enough evidence for the charge to hold up in court or that the facts of the case are not correct. These decisions are usually based on a legal error or a lack of evidence for the case to continue.
How long does it take for a prosecutor to file charges?
How Much Time Does the Prosecutor Have to File Charges? If the suspect is in custody (jail), prosecutors generally must file charges within 48 to 72 hours of the arrest. In other cases (when the suspect isn’t in custody), it could take days, weeks, or months to file charges.
What is the Wharton rule?
Legal Definition of Wharton’s Rule : a rule that prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons.
What crimes merge?
In criminal law, if a defendant commits a single act that simultaneously fulfills the definition of two separate offenses, merger will occur. This means that the lesser of the two offences will drop out, and the defendant will only be charged with the greater offense.
What happens if a child agrees to talk to the police?
If a child agrees to talk with police and the child has not been arrested and is free to leave, anything the child says to police can be used against him or her in court proceedings because his statements are considered voluntary, not coerced.
Can a police officer question a child about a crime?
Police are free to approach children question them about whether they were involved in a crime but, just as an adult can never be forced to answer questions from police in an interrogation, the child is not required to answer.
Is it illegal for a police officer to arrest someone?
However, general crimes are not the only things that a cop can do that would be illegal. Some of the actions that police officers take during the course of their jobs may be considered illegal if those actions violate your civil rights. Arresting a person is a powerful tool for law enforcement.
What happens if a police officer makes a wrongful arrest?
False or Wrongful Arrests can Lead to Evidence Being Thrown Out If a police officer arrests a person without cause, any evidence obtained pursuant to the wrongful arrest is inadmissible in court. The exclusionary rule prohibits prosecutors from using evidence obtained during an unlawful or false arrest against a defendant in court.