Is a States Attorney required to file a formal criminal complaint upon the request of a citizen or victim?
No. North Dakota law gives a state’s attorney considerable discretion in making a decision whether to charge someone with a crime. The States Attorney may consider many factors in making the charging decision. If you have concerns about why a certain charge was made or not filed, contact the prosecuting attorney who made the decision. That person is in the best position to explain the reasons and the basis for the decision whether or not to charge certain crimes or individuals.
Related Questions
- How can I file a complaint against an elected official, such as the elected State Attorney, elected Public Defender, or Sheriff?
- Is a States Attorney required to file a formal criminal complaint upon the request of a citizen or victim?
- How soon after arrest must the State Attorney file formal charges?
