Was I Really "Charged"?

[QuestionPoster]

I have a question about being "charged" with an offense.

I live in Florida, and I called 911 during a heated verbal argument which lead to a push-and-shove event with my sibling. There were no arrests, but the deputies said they were going to charge both of us for simple misdemeanor domestic battery on each other (essentially, a "mutual combat"--were both victims and both offenders). The LEOs direct-filed the charges to the SAO, and they no-filed the case within a couple weeks or so of the incident.

I have posted here before regarding criminal records (my questions were answered by the way--thank you) and I'm back now because, while job-searching online, I have discovered employment applications asking "have you ever been CHARGED with an offense." My inclination and gut say "yes" to such a question, because the LEOs said they were "charging" us, and they did complete criminal report affidavits (CRAs) stating "simple battery" and an offense code (these were not given to us by the deputies--I found them in a copy of the police report I later picked up; we never went to court for any aspect of this case).

YET, I am finding out if the DA does NOT file, then, in effect, we have not been actually charged with anything after all. Is that true? The facts are the following: the LEOs did direct-file charges to the SAO, but none were ever filed by the DA. This case was "no-filed" after reaching the SAO.

I am honest and, of course, do not want to say "I have not been charged with a crime" if in fact I was, but I do not want to answer "yes" to such a question if I legally was never charged. Do LEOs actually "charge" people with crimes, or is it the DA? I am finding answers which satisfy both sides of this question and thought I should go to the source for something more definitive.

I understand you are not giving legal advice here, per se, but I would appreciate any LEO insight/information regarding if I should say I "have been charged" with a criminal offense.

Thank you again for helping to answer my questions....Your time and help are truly appreciated.

[pac201]

you will probably be asked if you have ever committed a crime and not caught...

I would skip the middle man here and contact the DA's office and ask them to give you an answer. As far as being charged, in all honesty the officers said they charged you, so you were charged.

[Sierra]

it is my understanding, however, that a cop can't press charges in most instances. The investigation is completed and then forwarded to the prosecutor who actually makes the decision to press charges. Does this differ in various jurisdictions?

[RoadDog1905]

When I type up charges and send them through the chain, they go directly to the court. At the same time, I send a copy of the report to the DA. By the time he sits down and reads the copy of the report, those charges are already in the system and a hearing date has usually been scheduled. As such, the DA doesn't actually file those charges.

However, the former DA wanted to review all cases before any charges were filed. Legally, by rules of criminal procedure, the DA can do this. At which point, he okays the charges to be filed. I'll have to look up the Rules, but I don't think he technically files them here. I'm pretty sure we, the Officer, file them.

Anyway, seems like the OP is in that grey murky area. PAC probably had the best advice to contact the DA's office and ask them. Otherwise, the OP may want to err on the side of caution and write that he was charged and make sure he explains the situation.

[phantasm]

if the da refuses to pursue, then its a decline prosecution. So you weren't prosecuted.

[mcsap]

it is my understanding, however, that a cop can't press charges in most instances. The investigation is completed and then forwarded to the prosecutor who actually makes the decision to press charges. Does this differ in various jurisdictions?

Not true in PA. I have full authority to charge anything although for SERIOUS offenses , we involve the DA at the time of the incident. They can " uncharge " if they want but for any summary or Misdemeanor and most felonies...I just charge them and go.

[QuestionPoster]

Thanks, everyone, for your information. Yes, I will certainly have to find out from our local DA exactly what the situation is in our case.

[RoadDog1905]

Not true in PA. I have full authority to charge anything although for SERIOUS offenses , we involve the DA at the time of the incident. They can " uncharge " if they want but for any summary or Misdemeanor and most felonies...I just charge them and go.

mcsap and I work in the same state and I read through our Rules of Criminal Procedure. In PA, only law enforcement officers can file charges. I found no mention of the DA having the ability to actually file any charges. The DA can require all charges be approved by him and his office, but it is still the officer charging the individual.

So, if the OP's problem was in PA, he would have to claim that he was charged with a crime. We'll see how things are in FL...

[Citicop]

In my state, if you were issued a citation or arrested, you were charged. The prosecutor can drop charges at any time he wants, but you WERE originally charged.

-Citicop

[QuestionPoster]

The interesting thing is that neither of us were handed any citations, nor were we arrested. I called the SAO's office and they said they could not talk to me becuase I was listed as a "defendent" (even though I was also listed as a victim, too), but they told me to call the local clerk of court to see if we were charged. Neither of our names are popping up in their records.

Interestingly, I did call the local FDLE office and the very patient woman there said that as long as we were not arrested, we did not go to court, and the DA did not formally file charges, that the deputy's charges do not really "count," at least as far as our criminal records are concerned. It almost strikes me as if the deputy recommends charges against a person, then the DA gets to decide if they want to actually file those charges against a person, not file, or add/subtract charges.

I don't know if my question about our being "charged" all comes down to a technicality or not, but at the very least this provides for interesting academic discussion....

[DeltaV]

If the SAO does not file on the case, then you were not officially charged. That said, the CRA remains in the SAO's record center forever and there is not only a record of you as a defendant in the SAO's database, but there was also a police report written of the incident. So while you were not actually charged, a [local] record of the incident still exists.

We direct-file cases with the SAO basically for one of two reasons. The main reason is that we believe that the probable cause is shaky and we do not want to actually make an arrest. The second reason is because the defendant cannot be physically arrested at the time of the report, and the crime isn't pressing enough to have a warrant walked through. Most of the time with misdemeanors, a request for prosecution form is given to the victim to send in themselves. The only reason that your particular case was direct-filed is because you can't give out a request for prosecution form when the offense involves domestic violence.

Interestingly enough, charging both parties in a fight with their own count of battery means that the case almost always is dropped. The SAO has to talk to the victim, however they can't talk to the victim if that person is also a defendant in the same matter.

[QuestionPoster]

Delta V,

That sounds very much like what the case was---the leading deputy on the scene said that the SAO "may not even file this." While a "push and shove" event is still technically domestic violence, I get the feeling as though the deputy was trying his best to follow legal DV protocol without putting my sibling and I through "the system" and subjecting us to arrests, the courts, and having to carry bona fide criminal records....Something I very much appreciate and respect. We learned some mighty valauble lessons that day that we will never forget.

I did happen to speak to the DA's office and sheriff's office. Another call to the DA's office led to my being told by one of the staff that an expungement could "make this disappear" and clear the records at the SAO and perhaps even the sheriff's office (at least clear the report and CRAs from public view)....The sheriff's office also said an expungement may work for removing the report and CRAs.