Anybody here actually know a longtime homicide detective?
If they can't find anything that gives then very good probable cause THEY DON'T ARREST! If they do find PC they arrest and give their investigation package to the DA's office. It is the DA's office that has to make the decision to prosecute and determine the charge that they can get a conviction on based on the evidence.
Originally Posted by Dartswinger
Yes, several over the years (as to the first question).
In most jurisdictions there is a little change to what you wrote. In most jurisdictions in the early stages there is an "intake" ADA who communicates with the lead detective to monitor the process and to make a decision regarding any charges to be filed, arrests to be made, and/or search warrants to be obtained, pre-arrest and post-arrest.
FYI: That was one of the "problems" in the OJ case. There were allegations that the ADA "tailored" evidence during the investigation stage and that ADA ended up on the prosecution team in the courtroom......the one with the sexy dress for the cameras.
My personal belief is that it is a mistake to have an ADA (or sometimes for show even THE DA) involved at crime scenes, raids, and search warrant executions. It makes them a witness in the case and that is problematic for the attorney to become a witness in the case the attorney is tasked with trying ... and can potentially disqualify an entire DA's office..... then a special prosecutor is required to take over the case.