Intake Section

The Intake Section of the Montgomery County District Attorney’s Office (MCDAO) is responsible for coordinating and reviewing all felony cases and Class A & B misdemeanors submitted by law enforcement agencies throughout Montgomery County.

What We Do

The MCDAO prosecutes individuals who have been arrested or are suspected of committing crimes by law enforcement. While we handle the prosecution process, we generally do not conduct criminal investigations — that responsibility rests with police agencies.

• If you wish to report a past crime: Contact the law enforcement agency with jurisdiction over the offense.

• If you have an emergency: Call 911 immediately.

How a Case Begins

When an arrest is made in Montgomery County, police prepare an arrest record at the jail. Prosecutors then use this document to create a legal filing called a complaint and information.

In addition, police prepare offense reports, which are forwarded to the Intake Section for review. Neither police nor citizens “press charges” — filing charges is solely the responsibility of prosecutors.

Prosecutors may sometimes request additional information from law enforcement or witnesses before accepting a case.

• Misdemeanor cases: Filed with the County Clerk and assigned to one of the County Courts at Law.

• Felony cases: Filed with the District Clerk and may be presented to the Grand Jury for consideration.

Public Records & Confidentiality

Once a case is filed with the County or District Clerk, court records generally become public records. However, police reports are not public records and remain confidential.

The Grand Jury Process

Some felony cases are presented to the Grand Jury, which determines whether there is probable cause to believe a person committed a criminal offense.

• At least nine members must vote to indict for charges to proceed in District Court.

• If fewer than nine members concur, no indictment is returned.

• The Grand Jury is selected randomly, similar to a trial jury, and does not decide guilt or innocence — that is the role of the trial court and jury.

Additional Responsibilities

The Intake Section also:

• Screens and participates in Montgomery County’s drug and alcohol diversion programs.

• Assists law enforcement with legal questions before filing cases.

• Helps prepare search and arrest warrants.