The Intake Section is generally responsible for the coordination and review of all felony cases and Class A & B misdemeanors filed with our office by the various law enforcement agencies in Montgomery County. The Montgomery County District Attorney's Office (“MCDAO”) handles the prosecution of offenders arrested by police agencies or suspected of committing crimes by the police. The MCDAO generally does not conduct criminal investigations, as that is the responsibility of law enforcement. Any citizen wishing to report a past crime should contact the police agency that has jurisdiction. All emergencies should be reported to 911 immediately. Police officers who have arrested an individual in Montgomery County prepare an arrest record at the jail. This document is then used by prosecutors to generate a legal document called a complaint and information.

In addition, police officers prepare offense reports which are also forwarded to the Intake Section for consideration of charges. Police and citizens do not file charges or press charges. That is within the exclusive purview of prosecutors. In some occasions, prosecutors may request additional information from police and witnesses before accepting a case. Misdemeanor cases are filed with the County Clerk so that charges can proceed in one of the County Courts at Law. Once the paperwork is filed with the County Clerk, the court records are generally considered public records and are available for review. Police Reports are not considered public records. The procedure for felony cases is substantially similar to those in misdemeanor, except the records are filed with the District Clerk. Some felony cases may be presented to the Grand Jury for consideration of charges rather than have a complaint and information filed.

The Grand Jury’s task is to determine whether there is probable cause to believe that a person has committed a criminal offense. It is not the Grand Jury’s job to determine whether the legally admissible evidence will be sufficient to prove guilt beyond a reasonable doubt, that task will later be performed by the district court and possibly a jury chosen for that purpose. The Grand Jury is impaneled by random selection like a typical trial jury. If at least nine members concur in finding probable cause, then the foreman signs an indictment and delivers it to the judge or the clerk of the court and charges then proceed in one of the District Courts. If nine members do not concur in voting for an indictment, then there is no indictment returned.

The Intake Section is also involved in screening and participating in Montgomery County’s two diversion programs for drugs and alcohol. Lastly, the Intake attorneys assist law enforcement agencies with questions they may have prior to filing a case with our office and in preparing search and/or arrest warrants.