In a criminal case, the Prosecutor begins the case by filing an Information, which is the charging document; a document that provides the Defendant with a list of the charges and all the details the Prosecutor is alleging. It is often combined with a Probable Cause Statement, which contains the arresting officer’s statements the Prosecutor relied on when deciding whether to issue a charge against the Defendant.

   The Prosecutor produces evidence in an effort to prove an accused Defendant has committed the crime the police have alleged s/he committed. Evidence can come in many forms. The most common form is testimonial evidence, where a witness tells a police officer s/he has knowledge (direct or indirect) that someone has committed a crime. Other testimonial evidence might include video or audio recordings. Officer observations (ie - DWI field sobriety tests) also fall into the testimonial evidence category. There may also be physical evidence such as a blood sample, a weapon, or clothing. Such evidence must be properly collected and stored, along with a proper chain of custody to ensure it is always accounted for.

   The Prosecutor also has to meet a burden of proof, requires them to prove certain components or “elements” (sometimes three or four different elements). Unless the Prosecutor can prove that a Defendant’s actions rose to the level of each element, then that person cannot be found guilty of the crime with which s/he is charged.

   If the Prosecutor can prove that there is solid evidence against you, or if a plea falls through, then the case will almost certainly go to trial. Even though most criminal matters end with some sort of deal between you and the state, criminal trials do happen and are sometimes necessary. Even if you think your case is a no-brainer and there is no way anyone could find you guilty, a trial may still take lots of time and cost you lots of money. That is why it is important to have an attorney like me who has handled lots of cases from beginning to end!