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Law/Patents - Law (general) | | English term or phrase: if the case has been charged | Hello everyone.
In relation to searches under “exigent circumstances” in the U.S. the legality of the measure is only reviewed by a judge **if the case has been charged** and the defendant makes a motion to suppress evidence. The public prosecutor must, however, seek judicial approval of emergency wiretaps within 48 hours
Does "charge a case" mean open/initiate a criminal case against?
In other words, does "charge a case" mean the same as in "initiate a criminal case" here:
http://www.co.washington.mn.us/info_for_residents/county_att...
Complaint - a document describing the facts surrounding an alleged crime and listing the charged crimes. A complaint is signed by a prosecutor, law enforcement officer and a judge and is used to ***initiate a criminal case***?
Thank you/ |
| klpKudoZ activityQuestions: 1124 ( 2 open) ( 2 closed without grading) Answers: 120
| Local time: 05:17
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| | English translation:if the prosecutor decides the case should be charged | Explanation:
You are correct in that if the case is charged, it has been filed and initiated. The following is from the reference URL:
"Arrest Reports and Criminal Charges"
"After an arrest, the arrest report is sent to a prosecutor, whose job it is to initiate and prosecute criminal cases. Arrest reports
summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, and weather conditions of the crime, and witnesses' names and addresses, if that information is available.
The prosecutor will either:
decide that the case should be charged (as a felony or a misdemeanor), and file a complaint with the trial court
decide that the case should be charged as a felony and bring evidence before citizens serving as grand jurors, who will decide what charges, if any, to file, or
decide that the matter should not be pursued."
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Note added at 15 hrs (2011-12-27 16:56:33 GMT)
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There seems to be a lot of confusion about the way the source text is structured, and the correct meaning of the term 'case has been charged'.
In reviewing the question, please note that in this statement, we are told that "the defendant makes a motion to suppress evidence",
indicating that the case has been made (charged), and the defendant has been charged with a felony or misdemeanor,and cares to make a motion to suppress evidence. To say the case has been charged is to say a defendant has been charged with a crime and the case is active in the judicial system.
Apparently, wiretaps were going to be used for evidence against the defendant, yet the "public prosecutor must, however, seek judicial approval of emergency wiretaps within 48 hours". This explains “exigent circumstances". Had the approval sought exceeded the time limit? The judge can only review the legality of the use of wiretap IF the case is charged (entered into the court system) encompassing the fact that someone had been charged with a crime, and had filed a motion to suppress (the evidence of the wiretaps). The legality is that there is a time limit for the prosecution to seek judicial approval to use that type of evidence against s defendant in a case; 48 hours.
In answering the question regarding the meaning of "if the case has been charged", it means that the judicial process is at the point that the case has been charged, indicating that there is a defendant and charges have been brought against him/her.
We can also see the reference to "US court".
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| Selected response from:
 Demi Ebrite
United States
Local time: 20:17
| Grading comment Many thanks to everyone.
Thank you, Demi.
4 KudoZ points were awarded for this answer |
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The translation workplace 
