You may have been arrested, or you are being investigated, for a crime in Johnson County, Kansas. If so, you may be wondering if a formal case will be filed against you. This blog will offer you insight into how that decision is made.
You should recall that to be arrested, the police (or law enforcement) only need probable cause. Having enough reason to believe that you committed a crime is enough. They will then make a report, gather any applicable evidence (ex. witness statements, physical evidence, photos, etc.) and either take you into custody or give you a ticket. However, that does not necessarily mean that formal charges will be filed against you.
The information used to make your arrest will then be forwarded to the Johnson County, Kansas prosecutor. The prosecutor assigned your case will then review this evidence. They have a higher burden than that used to arrest you. They will be working to determine if there is enough to support finding you guilty beyond a reasonable doubt. As we discussed in our blog yesterday, that burden is the highest standard - a finding a guilt beyond, and to the exclusion of, reasonable doubt (an abiding conviction of your guilt).
Following this review, if the Kansas prosecutor does not believe that there is enough to convince a jury of your guilt, then they will not file formal charges. Of the many cases he/she may review only a small percentage of the cases will result in charges being filed. Sometimes, it takes the effort of your attorney (i.e. speaking with the Kansas prosecutor, filing motions, etc.) to convince the prosecutor that they do not have enough to move forward.
If you have been arrested, are under investigation or have been formally charged with a crime you need an attorney. We are here to answer the questions unique to your case and provide you with aggressive defense. Call NOW 913.602.7288. We are available on the weekends and offer flexible payment plans.
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