Understanding the Criminal and Civil Justice Systems

The Prosecuting Attorney After the investigating agency has

transferred the case to either the county attorney, district attorney or state attorney, call the prosecuting attorney’s office to find out which prosecutor has been assigned to the case. The information will be filed under the suspected impaired driver’s name. Let the prosecutor know that you want to be informed of all stages of the criminal justice process. In most states, you will not be informed unless you specifically request this. Upon notification of court appearances, you may then decide whether to attend or not. Mail a follow-up letter to both the prosecutor and the victim advocate indicating your phone number, your desire to be informed, the facts of the crime as you understand them, and any feelings you have about bail for the accused, plea bargaining, charges the offender differently from the investigating agency’s recommendation. Upon receiving a substance impaired driving case, the prosecutor will promptly evaluate the case, decide whether a prima facie case can be established, and decide whether to drop the charges, enter into a plea agreement with the defendant or proceed to trial. Prima facie means that based on an initial review of the facts and the law, it appears that the state has a case, i.e. that a crime was committed, and it is probable that the accused committed the crime. Stay in contact with the prosecutor and a victim advocate for the status of a case. or any other aspect of the case. Ask in your letter to be informed if the prosecutor

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