You cannot file criminal charges on someone yourself. In the United States, that power belongs to government prosecutors, who review the evidence and decide whether to bring a case on behalf of the state or federal government.1United States Courts. Criminal Cases What you can do — and what actually starts the process — is report the crime to law enforcement, hand over everything you have, and cooperate with the investigation. The quality of what you provide often decides whether charges get filed at all.
Reporting the Crime to Police
If a crime is happening now or someone’s safety is in immediate danger, call 911. Be ready to tell the dispatcher your location, what’s happening, and a description of any people or vehicles involved.
For crimes already over and posing no immediate threat — a car break-in you found this morning, a package stolen last week — call your local police department’s non-emergency line. An officer will take the details and create a report. Many departments also let you file online for lower-level incidents like theft, vandalism, or property damage where no suspect is present. Check the department’s website before driving to the station.
You can also walk into a station and file a report in person. That works well when you have physical evidence to hand over or when the situation is complicated enough that a conversation helps. Whichever method you use, the department creates an official police report with a case number. That report is the foundation everything else builds on: the investigation, the prosecutor’s review, and any eventual charges.
Reporting Federal and Internet Crimes
Local police handle most crimes, but some offenses fall under federal jurisdiction. Terrorism, public corruption, organized crime, civil rights violations, and large-scale fraud belong to the FBI. Submit a tip at tips.fbi.gov or call 1-800-CALL-FBI (225-5324).2Federal Bureau of Investigation. Contact Us
For internet-based crimes — online scams, phishing, ransomware, business email compromise, identity theft, or investment fraud — file with the FBI’s Internet Crime Complaint Center at ic3.gov.3Internet Crime Complaint Center. Home Page The IC3 collects complaints and routes them to the appropriate federal, state, or local agency. Filing there doesn’t guarantee an investigation, but it creates a record that helps law enforcement identify patterns and build cases against repeat offenders.
When you’re not sure whether a crime is local or federal, report it to local police first. They will refer it up if appropriate. Nothing stops you from filing with both.
What Information and Evidence to Gather
The more organized and specific your information is, the easier you make the detective’s job — and the more likely a prosecutor sees a case worth filing. Before you make your report, pull together:
- Date, time, and location, as precise as you can be. “Around 2 p.m. Tuesday in the parking lot behind the grocery store” beats “sometime last week.”
- A chronological account of what happened while it is fresh: what was said, what you saw, and the order things occurred in.
- Suspect information: name and address if known, otherwise physical description, clothing, and distinguishing features.
- Vehicle make, model, color, and plate number if one was involved.
- Names and contact information for any witnesses.
- Screenshots of relevant text messages, emails, social media posts, or online transactions, saved before the other person can delete them.
- Photos and video of injuries, property damage, or the scene, taken as soon as possible.
At the scene, resist the urge to clean up or rearrange things. Broken glass, clothing, a weapon, damaged property — touching or moving items can compromise the evidence. Photograph everything in place first. If you have to move something for safety, note where it originally was and who moved it.
Digital evidence has its own rules. If a phone or computer contains relevant information, leave it in whatever state you found it. On stays on and plugged in; off stays off. Don’t connect USB drives or other storage to another computer, and keep electronics away from heat and moisture. Take photos of any screens showing relevant information, and write down where and when you found each device. Forensic specialists can extract data properly later.
What Happens After You File the Report
Your report gets a case number and goes through supervisory review. A supervisor checks it for completeness and decides whether to send it to an investigative unit. Not every report gets a detective — departments prioritize by the seriousness of the crime and whether there is enough information to work with.
When a detective picks up the case, they usually start by reviewing what you gave them and may re-interview you. From there the investigation can involve interviewing witnesses, contacting the suspect, pulling surveillance footage, collecting physical evidence for forensic analysis like DNA or fingerprints, and pulling digital records. The goal is building enough evidence to establish probable cause: enough facts that a reasonable person would believe a specific individual committed the crime.
Once the investigation wraps up, the detective compiles a case file and sends it to the prosecutor’s office. The prosecutor reviews witness statements, physical evidence, and forensic results, then decides whether to file charges, what charges to file, or to decline. That decision involves wide discretion. Prosecutors ask whether the evidence is strong enough to win at trial, not just whether a crime probably occurred.4U.S. Department of Justice. Principles of Federal Prosecution – 9-27.000 They can also route defendants into diversion programs like treatment or community service instead of a courtroom, or send the case back for more investigation.
How Long You Have to Report
Criminal charges have deadlines. A statute of limitations sets the window during which prosecutors can file charges after a crime occurs. Miss the window and the case is dead regardless of how strong the evidence is. Reporting promptly matters not just for preserving evidence but because delay can make prosecution legally impossible.
At the federal level, most non-capital offenses carry a five-year statute of limitations.5Office of the Law Revision Counsel. 18 USC 3282 – Offenses Not Capital Capital offenses have no time limit.6U.S. Department of Justice. Criminal Resource Manual 650 – Length of Limitations Period State limits vary widely. Murder almost universally has no deadline. Other felonies typically run three to ten years. Misdemeanors often carry shorter windows of one to three years.
The clock can pause. If a suspect flees the jurisdiction to avoid prosecution, the statute of limitations stops running until they are found, and the clock can also pause while the government waits for evidence from a foreign country.7U.S. Department of Justice. Criminal Resource Manual 657 – Tolling of Statute of Limitations Some states also toll the clock when a crime is not discovered until years later, particularly for fraud or sexual offenses.
If Police Won’t Pursue Your Case
Police decline cases more often than most people expect. Common reasons include insufficient evidence, no identifiable suspect, the incident not meeting the threshold for a criminal offense, or the department lacking resources to investigate lower-priority crimes. If that happens, you still have options.
Start with the assigned officer or detective. Ask specifically what additional information might move the case forward. A new witness name or a piece of evidence you didn’t initially think was relevant can reopen things. If that goes nowhere, ask to speak with a supervisor.
You can also contact the prosecutor’s office directly. Prosecutors have authority to initiate charges based on evidence presented to them, even without a formal police investigation.4U.S. Department of Justice. Principles of Federal Prosecution – 9-27.000 In practice, they are more likely to act when you bring organized, compelling evidence rather than a general complaint.
A handful of states still let private citizens file criminal complaints directly with a court, bypassing police. Details vary, and these options are generally limited to misdemeanors or minor offenses. In some states you swear out an affidavit before a magistrate, who decides whether probable cause exists to issue a complaint. Other states restrict private complaints to specific situations like violations of a domestic violence protective order. Even where private complaints are available, a prosecutor typically still handles the actual prosecution.
The Risk of Filing a False Report
Filing a false police report is a crime in every state, typically a misdemeanor carrying potential jail time and fines. Lying to federal investigators is worse: a conviction under federal law carries up to five years in prison, or up to eight years if the false statement involves terrorism or certain sexual offenses.8Office of the Law Revision Counsel. 18 U.S. Code 1001 – Statements or Entries Generally
Your report doesn’t need to be perfect. Honest mistakes, incomplete memories, and minor details you get wrong are normal, and investigators expect that. The law targets people who knowingly fabricate crimes or provide materially false information. Reporting in good faith is not a risk.
When a Civil Lawsuit May Be the Better Path
The criminal process is only one track. You can also file a civil lawsuit against the person who harmed you, and the two tracks run independently.
In a criminal case, the government prosecutes the defendant for violating a criminal law. You are a witness, not a party. The potential consequences for the defendant are fines paid to the government, probation, and incarceration. The prosecutor must prove guilt beyond a reasonable doubt, the highest standard in the legal system.1United States Courts. Criminal Cases
In a civil case, you are the plaintiff. You file the lawsuit yourself, usually through an attorney, and you seek money damages for your losses: medical bills, lost income, pain and suffering. The standard of proof is lower. You only need to show your version of events is more likely true than not. Because of that lower standard, a person acquitted in criminal court can still lose a civil suit over the same incident.
If a prosecutor declines to file charges, or a defendant is acquitted, a civil lawsuit may still be a viable way to recover your losses. A personal injury or civil litigation attorney can evaluate your options.