By Adam Pagnucco.
The Montgomery County State’s Attorney’s Office has issued a statement on the handling of criminal allegations against Takoma Torch founder Eric Saul. Saul discussed this issue on his site and I related background on it this morning.
After explaining the process involved in these matters, the State’s Attorney’s Office writes:
Any indication that the State’s Attorney’s Office has filed charges in this case is incorrect. Our office has had zero involvement thus far. Once the case is forwarded to the State’s Attorney’s Office for review, as with any citizen complaint, it will be screened by a prosecutor and a decision will be made as to whether or not to proceed on charges.
The full statement appears below.
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Individuals over the age of 18 have the legal right under Maryland law to appear before a Court Commissioner and apply for charges to be filed against another individual. The application is sworn to under the penalty of perjury, alleging that the individual has been a victim of crime. A District Court Commissioner then makes a probable cause determination and can approve the filing of criminal charges. Should the Commissioner authorize the filing of charges, they will then direct the Montgomery County Sheriff’s Office to serve notice on the defendant. Neither the State’s Attorney’s Office nor the Police Department are involved in that process. The Commissioner is an employee of the Maryland Judiciary.
If charges are approved, the case is forwarded to the State’s Attorney’s Office. The citizen must then meet with an Assistant State’s Attorney who will determine whether there is sufficient evidence for the case to proceed. That is the point at which the State’s Attorney’s Office has its initial involvement in the case.
Any indication that the State’s Attorney’s Office has filed charges in this case is incorrect. Our office has had zero involvement thus far. Once the case is forwarded to the State’s Attorney’s Office for review, as with any citizen complaint, it will be screened by a prosecutor and a decision will be made as to whether or not to proceed on charges.