Charging Principles
Rules officers follow when choosing, stacking and dropping charges.
Charge what happened
Pick the charge that best matches the facts. Do not choose a heavier charge just because it is available.
Do not stack the same act
One act should produce one charge for each distinct harm. Examples:
- Evading an Officer and Reckless Evading cover the same act: use only one.
- Resisting Arrest and Disobeying a Police Officer cover the same act: use only one.
- Robbery, Strongarm Robbery and Armed Robbery cover the same act: use only one.
Lesser and greater offences
If a greater offence cannot be proven, a lesser one may fit. Murder can fall to Involuntary Manslaughter. Burglary can fall to Breaking and Entering.
Articulate the reason
Every arrest report should state the reason in plain language, the evidence and the charge code.
Drop charges that do not fit
If the evidence does not support a charge, remove it before the case goes to court.