Monday, November 23, 2009
 
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TEXT VERSION
Investigation | Decision to Charge | Initial Hearing | Pre-Trial | Plea Agreement | Motion in Limine | Trial | Sentencing | Appeal

Step 2 - Decision to Charge

Image of prosecutor talking to the press

After the prosecutor studies the information from investigators and the information he gathers from talking with the individuals involved, he decides whether to “charge” or “indict” the case. When a person is charged or indicted, he is given formal notice that it is believed that he committed a crime. The indictment contains information that helps the person understand the crime he committed.


In our case, the neighborhood boys were charged with beating the lost boys in violation of their civil rights. Once charged, the neighborhood boys became the “defendants” in the case.

Sometimes, a prosecutor will present the evidence to an impartial group of citizens, called “Grand Jurors.” Witnesses may be called to testify, evidence shown to the Grand Jury and a simplified outline of the case presented to the Grand Jury members. What the Grand Jury does is listen to the prosectuor. The members then meet secretly and vote on whether they believe that enough evidence exists to charge the person with a crime. A Grand Jury also has the option of telling the prosecutor that the evidence and witnesses that he/she presented was insufficient to trigger an appearance of a crime, and as a result “no indictment” would come from the Grand Jury. All proceedings and statements made before a Grand Jury are sealed, meaning that only the people in the room have knowledge about who said what about whom. The Grand Jury is a constitutional requirement, (meaning it is written in our constitution) that exists so that a group of citizens, who do not know the defendant, the judge, the prosecutor or anyone else in the room can make an unbias decision as to the existence of enough evidence to charge a defendant with a crime.


After the defendant is charged, he can either hire an attorney or choose to be represented by an attorney provided by the Government—a “public defender”—at no charge. The defendant’s attorney is referred to as the “defense attorney”. He assists the defendant in understanding the law and the facts of the case, and represents the “charged person” just as the prosecutor will represent the Government.

Image of an attorney and client

Venue

The location where the trial is held is called the “venue,” and Federal cases are tried in “United States District Courts”. There are more than 100 District Courts in the United States. See if you can find the one closest to your neighborhood.

 
United States Attorneys Kids Page

Left Foot Step 1: Investigation
Left Foot Step 3: Initial Hearing
Left Foot Step 5: Plea Agreement
Left Foot Step 7: Trial
Left Foot Step 9: Appeal
Step 1
Step 3
Step 5
Step 7
Step 9
Right Foot Step 2: Decision to Charge
Right Foot Step 4: Pre-Trial
Right Foot Step 6: Motion in Limine
Right Foot Step 8: Sentencing
Right Foot Conclusion
Step 2
Step 4
Step 6
Step 8
Conclusion

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