What happens if your case is not filed?

The Constitution guarantees due process and the right to a speedy trial. As part of that guarantee, the law establishes time limits for the prosecution of most criminal offenses called “statute of limitations”. Simply put, if the charges are not filed within the time limit allowed by law, you cannot be prosecuted.

How long can the police keep you released under investigation?

28 days
As of April 2017, bail can only last for a total of 28 days (bar some exceptions). Because there is now a time limit on bail, police officers often prefer to release suspects under investigation instead. There are no deadlines in effect, so you can remain a suspect under caution indefinitely.

How long does it take for forensic evidence to come back?

If police could quickly test the suspects’ DNA, to see if their genetic material matches entries in crime databases, they may be able to keep the most dangerous people locked up. But currently, most genetic tests take 24-72 hours, and by the time that the results are back, the suspects often have been released.

Who decides whether you get charged if you have a lawyer?

It’s the prosecutor who ultimately decides whether you get charged, not the police. Normally, the prosecutor makes this decision based on the police report, the final product of the one-sided “investigation.” But when the prosecutor knows that a suspect has a lawyer, it can prompt the prosecutor to keep the police honest in their investigation.

Should you hire a lawyer for a criminal investigation?

Which leads to another reason to hire a lawyer—to do the investigation the police won’t. With help from a private investigator, a lawyer can run down leads the police refuse to. A lawyer may even be able to uncover evidence proving your innocence.

When does a person become a suspect in a crime?

A person becomes a suspect in a crime when the police target a person for investigation. Sometimes innocent people become targets of investigation, and sometimes the police become involved after a crime has been completed but no one was arrested.

What happens after you are arrested by the police?

After you are arrested, the police officer will draft a police report and forward that report to the proper prosecutor’s office. As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges.