If a case moves to prosecutors in the United States, it means law enforcement has completed an initial investigation and submitted the case for legal review. Prosecutors evaluate the evidence to decide whether criminal charges should be filed.
Not every case sent to prosecutors results in formal charges.
What happens
After an investigation, police may submit reports, evidence, and witness statements to a prosecutor’s office once they build investigative cases based on the information collected.
Prosecutors then review the case materials, which may include:
- Police reports.
- Witness statements.
- Physical or digital evidence.
- Investigation summaries.
The prosecutor decides whether the evidence supports filing criminal charges.
This review process may take time depending on the complexity of the case.
What determines the prosecutor’s decision
Several factors influence whether charges are filed:
- The strength of the available evidence.
- Whether the evidence meets the legal standard for prosecution.
- The seriousness of the alleged offense.
- Applicable state or federal laws.
Prosecutors may also consider whether additional investigation is needed before making a decision.
What it may lead to
Common outcome:
- Prosecutor decides not to file charges.
- Case remains closed unless new evidence appears.
Possible escalation:
- Prosecutor files formal criminal charges when prosecutors file charges based on sufficient evidence to proceed with a case.
- Court proceedings begin.
Worst realistic outcome:
- Arrest warrant issued or court summons issued if charges are filed.
Once charges are filed, the case enters the court system, where the next step often involves what happens during arraignment as the defendant is formally presented before a judge.
Common escalation triggers
Situations that often lead prosecutors to review cases include:
- Arrests made during police investigations.
- Evidence suggesting a crime occurred.
- Complaints or reports submitted by victims.
- Referrals from law enforcement agencies.
Prosecutors rely on investigative records when evaluating cases.
What this depends on
Prosecutorial decisions depend on:
- State or federal law governing the alleged offense.
- Available evidence.
- Prosecutorial guidelines in the jurisdiction.
- Legal standards required to proceed with a case.
Different prosecutor offices may have different policies for case review.
Who controls the process
Prosecutors are government attorneys responsible for deciding whether criminal charges should be filed.
Law enforcement agencies investigate cases, while courts handle cases once formal charges are filed.
Last reviewed: March 2026
This page describes typical operational outcomes. Individual cases vary.