Are court clerks allowed to enhance charges filed by citation if there are prior convictions?

Are court clerks allowed to enhance charges filed by citation if there are prior convictions?

• A. Yes, they are allowed.
• B. No, clerks may not enhance charges by citation.
• C. Only the district attorney may enhance.
• D. Enhancement is automatic with prior convictions.

Answer: (B)

Enhancements to charges are a prosecutorial function, not a clerical one. The court clerk’s role is to file documents, docket hearings, and maintain records under the direction of the judge and the prosecutor. If there are priors, it’s the district attorney’s job to decide whether to pursue an enhancement and to plead it in the charging instrument (or file a separate enhancement), with the court then handling sentencing within the applicable law after the defendant is proven or pleads to the enhanced charge. A citation may carry the basic charge, but the decision to include and prove any enhancement rests with the prosecutor, not the clerk.

Enhancements to charges are a prosecutorial function, not a clerical one. The court clerk’s role is to file documents, docket hearings, and maintain records under the direction of the judge and the prosecutor. If there are priors, it’s the district attorney’s job to decide whether to pursue an enhancement and to plead it in the charging instrument (or file a separate enhancement), with the court then handling sentencing within the applicable law after the defendant is proven or pleads to the enhanced charge. A citation may carry the basic charge, but the decision to include and prove any enhancement rests with the prosecutor, not the clerk.