CRJU 313 Lecture Notes - Lecture 3: Mandatory Sentencing, Perjury, Miranda Warning
5 Apr 2016
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As long as the prosecutor has probably cause, he can bring whatever charges he wants: bordenkircher v. hayes. If a prosecutor chooses not to bring charges, even if a crime has happened, can you appeal this: yes, but you cannot sue the judge. They have immunity: there is a way to bring it directly to a judge. But most of the time, the judge will not want to go against what the prosecutor decided. Limits: a prosecutor cannot use suspect classifications as the factor in deciding to charge. You won"t be allowed to bring charges if it is shown that the charges are only because of revenge (cid:4) (cid:4) The indictment comes from a grand jury. The information comes directly from the prosecutor. Just for the judge to notify you of the charges that are being brought against you. You should be brought for an initial appearance within 24-48 hours after arrest.
