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When it comes to the prosecution determining the charges for a case, the decision is based upon the severity of the case, and every case is different. For example, in a homicide prosecution, you typically have a corpse and must gather forensic evidence. Law enforcement presents all of this to the state attorney's office in order to determine the charges that will be filed. For felony cases in Florida, the state has 21 days to make a charging decision about whether or not they are going to file prosecutional charges against somebody.
The state may ask for additional time, thus extending the time period they have to make a charging decision. If, once they've evaluated the case, they decide that they are not going to file a felony charge, they may reduce the charge to a misdemeanor or dismiss the case completely. Misdemeanor cases are different, and a bit simpler. After the police officer makes an arrest, the prosecutors will not even look at the case until it goes to court for the first time.
I'm Attorney Jonathan Blecher, a criminal defense lawyer of the Miami-Dade County area. With 31 years of experience in the field, I have an extensive understanding of every aspect surrounding the criminal justice system, and I'm here to help you. For any questions or concerns you may have regarding criminal law, do not hesitate to contact my firm, Jonathan Blecher, P.A., today.
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