If prosecutors review police reports in the United States, they are evaluating the information collected by law enforcement to decide whether criminal charges should be filed. Police investigations and prosecution decisions are separate steps in the legal process.
Prosecutors decide whether the evidence described in a report meets the legal standard for filing charges.
What happens
After police complete an investigation, officers may submit reports and evidence to a prosecutor’s office.
Prosecutors typically review:
- Police reports describing the incident.
- Witness statements. In many cases, investigators previously request witness statements to document what individuals observed before the case is reviewed by prosecutors.
- Physical or digital evidence.
- Arrest reports or incident summaries.
The prosecutor evaluates whether the available evidence supports a criminal charge under applicable law.
If additional information is needed, prosecutors may request further investigation from law enforcement.
What determines the prosecutor’s decision
Several factors influence whether charges are filed:
- Whether the evidence supports the elements of a crime.
- The reliability of witness statements.
- Available physical or digital evidence.
- Applicable state or federal laws.
Prosecutors also consider whether the evidence would likely meet the legal standard required in court.
Not every police report leads to criminal charges.
What it may lead to
Common outcome:
- Prosecutor declines to file charges due to insufficient evidence.
Possible escalation:
- Additional investigation requested before a decision is made. In some situations, prosecutors may ask law enforcement to reopen an investigation to gather further information.
- Formal criminal charges filed in court.
Worst realistic outcome:
- Criminal charges filed and the case proceeds through the court system after prosecutors file charges based on the evidence contained in police reports.
Once charges are filed, the case moves into the judicial process.
Common escalation triggers
Factors that may increase the likelihood of charges include:
- Strong physical or digital evidence.
- Multiple witness statements supporting the allegation.
- Prior related incidents documented in reports.
- Evidence suggesting a serious offense.
These elements may influence how prosecutors evaluate the case.
What this depends on
Charging decisions vary depending on:
- State or federal law.
- The type of alleged offense.
- Evidence available in the police report.
- Policies of the prosecutor’s office.
Different jurisdictions may apply different standards or priorities.
Who controls the process
Police agencies investigate incidents and prepare reports.
Prosecutors review those reports and determine whether criminal charges should be filed.
Courts become involved only after charges are formally filed.
Last reviewed: March 2026
This page describes typical operational outcomes. Individual cases vary.