Title 3, Chapter 10, Section 13
( 3-10-13)
(a) Any district attorney in a county may commence prosecution on
his own affidavit against any party violating any provision of this
chapter. The district attorney, upon receiving information giving
him probable cause to believe that there has been a violation of
this chapter, shall lay the matter before the grand jury or
institute a criminal prosecution against the party by affidavit
before a court or judge of competent jurisdiction, if the district
attorney is willing and able to make the affidavit for the
institution of a criminal prosecution. If he is not willing or able
to make the affidavit and any citizen is willing to make an
affidavit for the institution of a criminal prosecution against any
party for the violation, the district attorney shall superintend the
preparation of the papers and the institution of the prosecution,
provided the district attorney is of the opinion upon the facts at
hand that there is reasonable ground to believe that a conviction
ought to be had. (b) Sheriffs are charged with the duty of enforcing this chapter and
cooperating with the district attorneys. |