A frequently asked question I get from clients is when is my first court date and what are they charging me with? To understand the answer to this question you must understand the relationship between police and prosecutors. Police conduct investigations and interviews, gather evidence, write reports, testify in court if necessary, and make arrests. Prosecutors take all of the information and evaluate it, conduct additional investigations, choose when to institute criminal proceedings and present cases to the courts.
In every Parish in the State whether: East Baton Rouge Parish, West Baton Rouge, Livingston Parish, Ascension Parish or Jefferson Parish, if you are arrested by Sheriff’s Office, DPS, State Police, or City Police, the arresting officer must write a police report. This report is an account of your arrest and it explains the facts and circumstances in which the police would testify. It is also one of the most useful tools a prosecutor uses to determine what crime, if any, to charge you with. Generally it takes time for the arresting officer to write the report and then have a supervisor sign off on it.
Once the report is complete, it is sent to the District Attorney or the City Prosecutor's Office for review (different jurisdictions do things a little differently). Weeks after you are arrested may go by before a prosecutor evaluates the case and determines which crime, if any, to charge you with. Charges are instituted by the filing of a bill of information (“bill”), or by indictment from a Grand Jury. Generally matters are only brought before a Grand Jury for serious felonies and capital cases. But did you know that prosecutors may bill differently? Prosecutors have great power in their discretion when instituting criminal charges.
For example, let’s say Susan is at the nightclub in Denham Springs when she gets into an argument with Cheryl which leads to the two fighting. Susan takes off her 4'' stilettos and beats Cheryl in the parking lot with her shoes. Police are called out and they issue Susan a summons (arrest her) for the crime of simple battery. A police report is written and forwarded to the District Attorney's Office in Livingston Parish because Livingston Parish Sheriff's Office answered the call. The prosecutor reads the report and decides that the 4" stiletto is a dangerous weapon and charges (bills) Susan with Aggravated Battery instead of Simple Battery. What's the difference? Aggravated battery is a felony and simple battery is misdemeanor. Aggravated battery requires an additional element to the offense of Simple Battery, i.e., a battery committed with a dangerous weapon or instrumentality. One penalty is much more severe than the other.
Now take the same facts, but this time the police couldn't decide who started the fight, and the victim (Cheryl) would not cooperate with law enforcement. The prosecutor may determine that the facts were not severe enough, or that he could not prove his aggravated battery case without a victim and subsequently choses to "bill" the case as a Disturbing the Peace by Fistic Encounter (a misdemeanor).
Do you see how prosecutors have a great deal of discretion when instituting charges? If you get into trouble, speaking with a lawyer as soon as possible can help your case. Attorneys can communicate with the prosecutor about you case before it’s billed and that might be the difference between a misdemeanor and a felony. Call your Baton Rouge Defense Attorney Ed Atebara Today!!!