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Are you the victim of
a crime?
Do you want to press charges against
the person who committed the crime?
REPORT the CRIME
The first thing that you must do is
report the crime to the police department or other law
enforcement agency which has jurisdiction over the city or
county where the crime occurred. For example, if the crime
occurred in Cleburne, it should be reported to the Cleburne
Police Department. If the crime was committed in any
unincorporated area of Johnson County, the crime should be
reported to the Johnson County Sheriff’s Office.
CRIME is INVESTIGATED
It is the duty and the responsibility
of the law enforcement agency to conduct a comprehensive
investigation of each crime that is reported to them. This
investigation may include interviewing and obtaining written
statements from victims and witnesses, collecting physical
evidence, photographing the victim and/or the crime scene,
identifying suspects through photo line-ups, and interviewing
and obtaining written statements from suspects.
SUSPECT is ARRESTED
A
law enforcement officer may arrest a person without a warrant
for any offense that is committed in his presence or within his
view. If the offense is not committed in his presence or within
his view, then the officer must ask for a warrant from a
magistrate before he can arrest the person. Once the suspect has
been arrested and the investigation is complete, the law
enforcement agency may present the criminal case to the County
Attorney’s Office for consideration of prosecution.
REVIEW by PROSECUTING ATTORNEY
The Prosecuting Attorney must thoroughly review all reports and
records concerning the case, including victim and witness
statements. The Prosecutor also reviews the suspect's prior
criminal or traffic record. The
Prosecutor can charge the suspect with a criminal offense if he
reasonably believes that probable cause exists that the suspect
committed the offense, but most Prosecuting Attorneys apply a
higher standard -- whether he reasonably believes that he can
prove the charge beyond a reasonable doubt at trial with the
information known at that time. Occasionally, the
reviewing Prosecutor sends the case back to the police to
conduct additional investigation.
CHARGING the SUSPECT
If
the case is accepted for prosecution, the County Attorney’s
Office will file the documents required by law with the County
Clerks Office. The County Clerks Office will then assign the
case to one of the two County Courts at Law. If the case is
rejected for prosecution, the County Attorney’s Office will
notify the law enforcement agency.
DISMISSAL or DROPPING CHARGES
The decision to drop charges in any criminal prosecution can
only be made by a Prosecutor with the approval of a Judge. The
victim's wishes alone will not dictate whether or not a case
will be dismissed. |
