When a case is forwarded to the prosecutor's office, typically it is assigned to one of our investigators. We have an investigator assigned to each court in the Delaware County System. Crimes are assigned to specific courts, according to the month in which the crime was committed. First we look to see what date the crime was committed, and that would determine which investigator will receive the paperwork. That investigator will review the case, if there is additional evidence that seems to be needed, maybe some other witnesses to be interviewed, and they will send it back to law enforcement to follow up. If not, and there is sufficient probable cause, they will prepare the documents to submit to the court, charging an individual with a crime. The paperwork, once prepared, will be submitted to the deputy prosecutor, who is assigned to that court. They will again review the case reports, the charging documents, or informations, as they are called, and if that deputy prosecutor feels like the case can be proved beyond reasonable doubt, they will sign the informations, and they will be submitted to court.  As a result of that, a couple of things could happen.  If they defendant, or the suspect has already been arrested, then they will have an initial hearing scheduled. If they have not been arrested yet, a warrant will be requested and typically the judge will find probable cause to issue a warrant for the arrest of the defendant.

Just because a police report is submitted to our office does not mean that charges will always be filed. There are basically two determinations that have to be made. One is there probable cause to believe a crime was committed, and if so, can we prove that crime beyond a reasonable doubt?

2. Are charges always filed if there is a police report?

Many times, a victim, especially in a domestic violence situation, will assume or approach a case like the prosecutor is their attorney, and they feel like perhaps they can pursue or drop a case as they choose. But once a case is submitted to our office, and then we are the final decision maker as to how that case will proceed.  So even if you wish the case to be dropped, that is going to be our decision, not yours to make as a victim.

Depending on the type of case, prosecutors will make themselves available to speak to victims or witnesses about a particular case.  Typically before a case will go to trial you certainly would be contacted, would receive a subpoena, and a meeting would be scheduled that you would come in and review your testimony.  Prosecutors are very busy; we handle more than 300 cases every year.  And is often difficult to get through and actually speak with a prosecutor.  A better option as far as scheduling or getting information from a prosecutor is go through the victims advocate, and if that is not available for some reason to call and speak to the investigator who handled the case. Often times, one of those two, victim advocate or the investigator can answer your questions for you. If it is a critical nature, however, the deputy prosecutors in the office are always available to answer questions.  Basically, as it fits their schedule. They are often times in court, handling other cases and trials so you have to patient and it maybe a few days before we get back to you, but we will respond. 

4. Will I have to testify in court if I file a police report?

It is not always necessary that an individual who files a police report has to testify in court. In fact, in very few of the cases that we receive is someone actually ever required to testify.  Only in 5 – 10 percent of all cases do those charges ever go to trial, most of them are handled through a plea agreement. You certainly have a right to testify as a victim, with regard to resolution, whether that is by plea or at sentencing.  You as a victim have a right to express to the court

1. Your opinion with regard to the potential plea agreement.
2. With regard to the sentence that is being proposed.

If it's the case that it does go to trial, you will be expected as a victim, to appear and testify.  And again, you have a right at sentencing should there be a conviction to advice the judge what you feel the appropriate sentence would be under the circumstances.

There are generally two ways to contact the Delaware County Prosecutors Office.  Obviously, by phone, and our number is: 765-747-7801. We also have a website that is accessible through the Delaware County government website. Obviously, you can send us a letter, but there is an email link also on the Delaware County Prosecutors website that you can contact investigator, individual deputy prosecutors, or myself if you have an issue you feel you need to bring to our attention.

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