Who has the authority to file the actual charges against me in a criminal case?
The local Prosecutor’s office is the only person who can charge you criminally. The local police’s role is to conduct the investigation and then bring the respective police report and other documentation to the Prosecutor’s office for review. The local police do not have the authority to file charges.
The prosecutor will then review the file and issue the appropriate charges against you.
The police do not have the authority to barter with anyone in exchange for not charging you with a crime or reducing the charges against you. The only exception to this is if they have already contacted the Prosecutor’s office, which is very rare.
If contacted by the police, my advice is to contact an attorney to obtain the necessary legal advice prior to speaking with them.
As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.
Marcus D. Wilcox
Attorney at Law, esq.
DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.
Wilcox Law 
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