Prosecutors said they were in talks with engineer Brandon Bostian's attorney to have him surrender on the charges.
The statute of limitations for charges of reckless endangerment expires today.
Attorney Richard Sprague speaks with members of the media during a news conference in Philadelphia, Thursday, May 11, 2017.
Thomas R. Kline, a lawyer for the Jacobs family, said he was anxious the district attorney's decision left no other recourse for charges.
Lawyers for the family of a NY woman killed in the crash obtained a private criminal complaint from a city judge after Philadelphia prosecutors this week announced they would not pursue charges.
The judge ruled that charges of involuntary manslaughter and reckless endangerment can be brought against Bostian, both as misdemeanors. The DA's office issued a statement saying since it had already decided not to charge Bostian it wanted to avoid "any apparent conflict of interest".
While he's made few public statements, he was interviewed at least twice by the National Transportation Safety Board as a part of its investigation into the deadly crash.
Pennsylvania Attorney General Josh Shapiro expanded on charges a Philadelphia judge approved a day earlier after the family of a woman killed in the crash sought a private criminal complaint.
The district attorney's office declined to accept a criminal complaint from relatives of a person who died in the derailment, setting the scene for the hearing before Neifield. The train's data recorder revealed it was traveling at 106 miles per hour around a sharp curve that had a speed limit of 50 mph.
Attorney Thomas Kline (pictured on Thursday) sought a private complaint on the behalf of the family of victim due to the lack of charges.
Investigators found no evidence that Bostian had been on his phone at the time of the crash, or that a bullet had been fired as first reported. The federal organization focused on a radio conversation between Bostian, a dispatcher and a SEPTA Regional Rail engineer who claimed rocks were being thrown at his vehicle around Frankford Junction, where Bostian's train was traveling. Investigators say seven to nine of those minutes the engineer was listening to and participating in the radio conversations regarding other trains being hit with a projectile.
Other lawyers have called last year's NTSB report on the crash a "whitewash" and a 'quantum leap'.
Amtrak has already taken civil responsibility for the crash and agreed to pay $265 million in claims. Amtrak has since installed an automatic braking system on its trains in its Northeast Corridor.
A judge says Bostian lives in MA.