After the first appearance, the prosecutor decides whether to press charges. This involves investigating the incident that led to the arrest and determining whether the accused likely committed a crime. Depending on the amount of evidence the prosecutor has, he or she might drop, downgrade, or negotiate the charges with the accused’s attorney.
An accused’s statements to police are some of the strongest evidence a prosecutor can have, which is why it’s critical for anyone who has been arrested to use their right to remain silent.
At this stage, a defense attorney may be able to negotiate a deal with the prosecutor. A deal might involve the accused agreeing to enter a substance abuse program or diversionary program in exchange for having any charges dropped. In other cases, the accused will be allowed to plead guilty to lesser offenses and receive a reduced sentence.
If there is no deal, the prosecutor will file an indictment against the accused. The indictment lists the specific charges the accused will face. Once indicted, the accused person is entitled to an arraignment before a judge.