How does the Hancock County States Attorneys Office decide whether to file charges?
The state’s attorney has complete and sole discretion in the charging process. The state’s attorney and his staff review police reports to determine whether a criminal offense has been committed. If an offense has been committed, the state’s attorney will determine whether there is enough evidence to convict beyond a reasonable doubt. There must be substantial evidence before the state’s attorney will subject a citizen to a criminal prosecution. In many cases, there is no question the law has been violated. However, charges may not be filed because the evidence is lacking. The state’s attorney will work with the police and crime victim to ensure that a complete investigation has been conducted. If there is still insufficient evidence, a charge cannot be filed. The case will be closed unless new relevant and material evidence is discovered.
