Legal disclaimer: This article explains general legal concepts and is not legal advice. Timelines and procedures vary by state and county. For guidance specific to your case, speak with a criminal defense attorney.
What Happens After Charges Are Pressed: The Short Version
Once you press charges – meaning you’ve reported an incident and cooperated with police – the case moves through investigation, a prosecutor’s charging decision, and, if charged, the court process. This unfolds in a fairly predictable sequence, though timelines vary widely depending on the offense, the county’s caseload, and the complexity of the evidence.
This guide covers the timeline from both sides – what happens if you’re the one who reported the incident, and what happens if charges are pressed against you.
The Timeline: Six Stages
1. Report and initial investigation (days to weeks): Police take your statement, gather evidence, and may interview witnesses or the accused. In assault and battery cases, this often includes photographing injuries and collecting medical records.
2. Possible arrest (immediate to weeks later): Depending on the severity and available evidence, the accused may be arrested at the scene, shortly after, or following a longer investigation — or in lower-level cases, simply issued a citation to appear in court.
3. Referral to the prosecutor (weeks): The investigating agency sends the case file to the prosecutor’s office, which independently reviews the evidence.
4. The charging decision (weeks to a couple of months): The prosecutor decides whether to formally file charges, and for what specific offense. They can file more serious charges than initially suspected, less serious ones, or decline to charge at all — this decision is theirs, not the reporting party’s.
5. Arraignment (soon after charges are filed): If charged, the accused appears in court, is formally informed of the charges, and enters a plea.
6. Pretrial, trial, and resolution (months, sometimes longer): Most cases resolve before trial through plea negotiations. Cases that do go to trial can take significantly longer, depending on court schedules and case complexity.
What Happens If You’re the Person Who Pressed Charges
- You may be contacted repeatedly during the investigation for additional statements or clarification.
- You are not required to personally “prove” the case – that burden rests with the prosecutor.
- You may be asked to testify if the case proceeds to trial.
- In many jurisdictions, a victim’s advocate (often connected through the prosecutor’s office) can help you understand the process and your rights, including notification about hearings and case status.
- If you later decide you no longer wish to cooperate, the prosecutor can, in many cases, still proceed using other evidence — see What Does It Mean to Press Charges? for why this surprises a lot of people.
What Happens If Charges Are Pressed Against You
- You may be contacted by police for a statement – you generally have the right to have an attorney present and to decline to answer without one.
- If arrested, you’ll go through booking and a bail or release hearing.
- At arraignment, you’ll be formally informed of the charge and enter a plea.
- The specific charge matters enormously: a simple battery or simple assault charge carries very different stakes than an aggravated version of the same offense.
- Speaking with a defense attorney early — ideally before making any statements to investigators — is consistently the single most protective step at this stage.
How Long Does the Whole Process Take?
There’s no single answer. A straightforward misdemeanor case might resolve in a few months. A contested felony case involving aggravated assault or battery can take a year or more, especially if it goes to trial. Court backlogs, the complexity of evidence, and whether either side requests additional time all affect the timeline.
Frequently Asked Questions
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What happens immediately after you press charges?
Police investigate the report, gather evidence, and refer the case to the prosecutor’s office, which then independently decides whether to formally charge the accused.
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What happens if someone presses charges against you?
You may be contacted for a statement, potentially arrested, and if charged, you’ll be arraigned and enter a plea. Speaking with a defense attorney early is strongly advisable.
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Can charges be dropped after they’re pressed?
Sometimes — through insufficient evidence, negotiation, or a prosecutor’s discretion — but once formally filed, the case belongs to the state, and the original reporting party doesn’t unilaterally control that decision.
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How long does it take for charges to be filed after you report something?
It varies widely — anywhere from days for a straightforward case to several weeks or months for a more complex investigation.
Talk to an Attorney
Whether you’ve reported an incident or are facing an accusation, understanding what’s ahead matters. Speak with a criminal defense attorney to get guidance specific to your situation.
