Once a crime is deemed to have occurred, a police officers, usually the investigating officer, who wants to obtain an arrest warrant will contact a prosecutor to determine whether an arrest warrant can or should be used. Factors that may be considered is whether the criminal case is a misdemeanor or a felony and the seriousness of the charges along with the suspsect’s criminal history. A prosecutor may also decide that they should write a letter to the suspect to be charged stating that a criminal complaint has been filed. The letter will almost always state the date, time, courthouse and department in which the case is to be heard.
Errol Cook, Esq.