The officer shall forthwith deliver the copy of the notice to appear to the prosecuting attorney charged with the duty to prosecute the offense charged. At or before the time at which the person promised to appear, if the prosecuting attorney determines that the offense should be prosecuted, he shall file the notice to appear and a complaint and affidavits which satisfy the requirements of § 45.20 in the court in which the person has promised to appear. If the prosecuting attorney determines that the offense should not be prosecuted he shall make a reasonable effort to notify the person arrested that his appearance will not be required. NOTE: Section 25.30 provides a means for notice to the prosecuting attorney of the offense charged and the scheduled appearance. If the prosecuting attorney determines
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that the offense charged should be prosecuted, he must file a complaint and affidavits showing probable cause in the court at or before the scheduled time of appearance. If the prosecuting attorney determines that the offense should not be prosecuted, a reasonable attempt should be made to notify the person arrested that his appearance will not be required. It should be noted, however, that control of the prosecution of the case is placed with the prosecuting attorney.