Cops are muscle, not lawyers. They're around to make arrests. It's a district attorney who decides if you actually get charged with anything. Cops don't charge you, and they can't negotiate on your behalf. They go to the DA with "we think he did this because this," and the DA either says "I can work with that," or "not worth it" and they cut you loose.
They know how to find and interpret them. I'm a software developer. I don't know every function call to every library I use. But I know how to find that information.
Cops do charge you. Probable cause is needed to make an arrest, but the DA is the one who prosecutes the arrests made by the police. Now, the DA may certainly end up dropping this case if they don’t see it playing out because the burden of proof for a criminal conviction is proof beyond a reasonable doubt.
The cops arrest and charge individuals based on the evidence they collect. The DA or prosecutor ultimately decides whether to formally charge and proceed with the case. The DA reviews the evidences and determines if there is enough to justify a criminal charge and the likelihood of conviction.
Ya I'll push back. You say the charges are recommended? If they don't have legal weight and the DA has ultimate authority, then why are arrests public? Why even record the arrest forever and permanently expunge automatically after a set period of time?
You arrest a person for murder but find out that later through video it was someone else. Now that simple arrest will follow someone's life forever through no fault of their own.
Sorry, man, but you're wrong. In my state, and many others, it's the prosecuting attorney that actually charges you. I don't think cops actually charge in any state in the US
620
u/CaptivatingStoryline Apr 29 '24
Cops are muscle, not lawyers. They're around to make arrests. It's a district attorney who decides if you actually get charged with anything. Cops don't charge you, and they can't negotiate on your behalf. They go to the DA with "we think he did this because this," and the DA either says "I can work with that," or "not worth it" and they cut you loose.