What Does It Mean to Press Charges?

Television legal shows and movies have presented an inaccurate idea of what it means to press charges. Many people are under the impression that the victim of a crime ultimately chooses whether or not they're pressing charges, and that this is what determines if someone will face consequences in the criminal justice system.

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The reality is that it can be more complex than that.

What Does It Mean to Press Charges?

The exact nature of what happens when charges are pressed depends on the state. The general concept of pressing charges is that someone reports a crime to law enforcement. Law enforcement then conducts an investigation into the matter to determine if there's enough evidence to support an arrest. Once an arrest is made, a prosecutor or someone from the prosecutor's office reviews the evidence and arrest record. They decide whether to file a criminal complaint, which is a formal pressing of charges against a person. 

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Who Presses Charges?

Typically, the prosecutor makes a decision about whether to file charges or not. Most states don't allow victims of crimes to make this decision, but a victim's input is usually considered.

Some of the factors prosecutors consider in making a decision to press charges or not include:

• Whether there's enough evidence to support a charge
• Whether the victim is supportive of pressing charges
• Whether there are witnesses, including the victim, who can attest to facts of the case that support the charges
• Any potential misconduct or failure to follow correct procedure by the police
• Whether the person accused of the crime is cooperating in other active investigations
• Other facts of the case, including the motive of the victim in reporting the crime

What Is the Process of Pressing Charges?

The process of pressing charges can differ in each case. However, a common path to pressing charges includes:

Report

A victim, a witness, or some other person reports a potential crime to local authorities.

Investigation

Law enforcement conducts an investigation, which can include gathering and reviewing evidence and interviewing witnesses. Depending on the nature of the crime and case, this can be accomplished quickly (within a few hours) or take days or weeks.

Arrest

Police must have probable cause, which means they have enough information to make a reasonable conclusion that the reported crime — or another crime — did occur. They also need enough evidence to reasonably assume the person they arrest perpetrated the crime.

Review

The prosecutor reviews the case and decides whether there's enough evidence to press charges. This may involve the use of a grand jury to determine whether someone should be indicted, depending on the type of charges in question. 

Decision

In the end, the prosecutor typically determines whether they'll move forward with pressing charges in the criminal case. While a victim's wishes might be given weight, they're rarely the final say in such matters. 

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What Happens If You Don't Press Charges?

There are times when pressing charges against someone may not be what the victim wants. For example, if someone is the victim of a petty crime perpetrated by teens who don’t have a record, they may not want the teens to face formal charges. In such a case, the victim might be able to speak with law enforcement and the prosecutor to reduce the chance that the teens would face formal charges. This is especially true in cases where an alternative for dealing with the issue can be presented by the community. 

However, not pressing charges as a victim doesn't mean the person in question won't face consequences if the crime has been reported.