what happens when prosecuting attorney to submit appropriate filings

by Felton Klein 4 min read

What factors may influence the prosecutor's decision when filing charges?

The decision to prosecute is based on the following factors:
  • The sufficiency of the evidence linking the suspect to the offense.
  • The seriousness of the offense.
  • The size of the court's caseload.
  • The need to conserve prosecutorial resources for more serious cases.
  • The availability of alternatives to formal prosecution.

What do prosecutors have which gives them power to decide what charges to file and whether or not to negotiate a plea agreement?

Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file.Nov 12, 2019

What is the process of prosecution?

A criminal prosecution generally breaks out into three stages: pretrial, trial, and post-trial. Each stage may include multiple steps. On the other hand, some criminal prosecutions are much more streamlined.

At what point are prosecutors most likely to file charges?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

What is the most common charge against prosecutors?

According to the text, the most common charge leveled against prosecutors is: failure to disclose evidence.

Which of the following is the most common result of a prosecutor deliberately fails to hand over required evidence to the defense?

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense? The court dismisses the charges against the defendant.

What is the first step in prosecution process?

The prosecution commences the presentation of evidence, followed by the accused. Prosecution may present rebuttal evidence. The parties may also present written arguments or memoranda after which the case is deemed submitted for decision.

What is the most important factor in deciding whether to prosecute?

The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.

What type of evidence must always be turned over by the prosecutor?

What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions? Exculpatory evidence is any evidence that may be favorable to the defendant.

What is one reason prosecutors may decide to dismiss cases?

After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

Does the prosecutor talk to the victim?

To try and put them at their ease, prosecutors will, where circumstances permit, introduce themselves to victims and witnesses when at court. They will explain the court process and will be prepared to answer questions about what will happen during the trial but they must not discuss the evidence.Feb 8, 2022

When should a prosecutor file a criminal charge?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

Should the prosecutor be allowed to display the accused?

Absent a legitimate law enforcement purpose, the prosecutor should not display the accused for the media, nor should the prosecutor invite media presence during investigative actions without careful consideration of the interests of all involved, including suspects, defendants, and the public.

What should be instituted to ensure that the prosecution function is fairly and effectively carried out?

If a supervisor or judge initially determines that an allegation is serious enough to warrant official investigation, reasonable measures, including possible recusal, should be instituted to ensure that the prosecution function is fairly and effectively carried out.

What is the primary duty of a prosecutor?

(b) The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict.

What is the role of a prosecutor?

The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances.

What are the steps to make a clear record for potential review?

Such steps may include: filing motions including motions for reconsideration, and exhibits; making objections and placing explanations on the record; requesting evidentiary hearings; requesting or objecting to jury instructions; and making offers of proof and proffers of excluded evidence.

Should a prosecutor allow personal advancement?

A prosecutor should not allow interests in personal advancement or aggrandizement to affect judgments regarding what is in the best interests of justice in any case.

Do prosecutor files based on police reports?

Prosecutors do more than file charges based on police reports of crimes that have been committed. Often, they actively participate in the investigation of past or ongoing crimes, particularly in cases involving business fraud, public corruption, and organized crime (including drug rings).

Can a prosecutor negotiate a plea?

The prosecutor can also negotiate a plea with a suspect who, in exchange for pleading guilty to a lesser crime and agreeing to testify against others, will be rewarded with a light sentence. All of these decisions involve the prosecutor’s judgment.

What are the responsibilities of a prosecutor?

Furthering the cause of justice is the primary role of the prosecutor, but many practical considerations influence the prosecutor’s decisions to pursue some cases, but not others. Among them are: 1 the sheer number of criminal statutes; prosecutors couldn’t possibly enforce them all and must decide which ones are most important and which violations are worthy of punishment 2 the limited number of prosecutors, courts, and prison capacity 3 the unique character of any suspected criminal incident—some witnesses are credible, but those that are not cannot support a reasonable prosecution, and 4 the need to take the individuals involved into account. For example, a prosecution might do more harm to the victim, or a victim may implore the prosecutor not to pursue the case. Whether to proceed in these situations (balancing individual justice with enforcing the law) is one of the most difficult decisions that prosecutors make.

What is a prosecutor in 2020?

Updated: Dec 30th, 2020. Prosecutors are lawyers who investigate, charge, and prosecute (take to trial) people whom they think have committed a crime. In the federal system, United States Attorneys are appointed by the President to run regional offices; they in turn hire assistant prosecutors. Prosecutors in the states are known as district ...

Is a prosecutor a victim's lawyer?

However sympathetic he or she may be to the suffering of a victim, the prosecutor is not the victim’s lawyer. Instead, the prosecutor’s duty is to serve the cause of justice. The prosecutor’s true client is justice itself, which means that the prosecutor must exercise discretion (sound judgment) at every step in a criminal investigation and trial, ...

What is the duty of a prosecutor?

Instead, the prosecutor’s duty is to serve the cause of justice. The prosecutor’s true client is justice itself, which means that the prosecutor must exercise discretion (sound judgment) at every step in a criminal investigation and trial, and beyond. The sections below illustrate how discretion infuses a prosecutor’s decisions.

What is the true client of a prosecutor?

The prosecutor’s true client is justice itself , which means that the prosecutor must exercise discretion (sound judgment) at every step in a criminal investigation and trial, and beyond. The sections below illustrate how discretion infuses a prosecutor’s decisions.

Can a district attorney file probable cause?

With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued. “Discretion to file” is one peculiar aspect of the American criminal justice system is the ability of a district attorney to completely forego criminal charges.

What happens if a district attorney waits to file charges in Kansas?

The longer a district attorney waits to file charges, the more “stale” a case becomes. Witnesses disperse around the country. Some may even pass away or suffer from failing memories. This process can hurt both the prosecution and defendant. Recognizing this, Kansas has adopted a statute of limitations for nearly all crimes. These serve as time limits upon when a district attorney may file a complaint for committing a crime. After the set number of years passes, the suspect will not be subject to prosecution.

Who is responsible for bringing charges against a defendant?

Once law enforcement has gathered sufficient evidence through investigation, the case is given to the district attorney. The district attorney is the lawyer for the state that is solely responsible for bringing charges against a defendant using the process called prosecution. This begins the “lawsuit” portion of a criminal investigation, ...

What is the role of a district attorney?

The district attorney is the lawyer for the state that is solely responsible for bringing charges against a defendant using the process called prosecution. This begins the “lawsuit” portion of a criminal investigation, moving the matter largely to the courts rather than the police station.

Who handles the prosecution of all state offenses?

The investigating police officer will turn over the fruits of the investigation to the district attorney for the proper county. The county handles the prosecution of all state offenses; that is, violations of a state law. The police investigate both state offenses and municipal infractions, or violations of city ordinances.

Can a district attorney issue an arrest warrant?

A district attorney does not have the power to issue an arrest warrant by herself. Rather, only a judge can sign a warrant to make it effective. The judge will ensure that probable cause exists to suspect the individual has committed a crime.

What happens when a charge is filed?

Once a charge is filed, the options of eliminating the case are very few. Unlike investigations, which may ultimately never produce any real traction for the state, a filed complaint is quite different. First, the complaint creates a criminal case that is largely a matter of public record. This means any number of people, including potential employers, friends, or family members, can easily find records of the accused and what charges were filed. Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.

What is the best way to persuade a prosecutor to file charges?

Most of the time, if the case is sensational, public pressure is the best means of persuasion. One very narrow approach may, however, be available to compel a prosecutor to file charges. This approach involves using a legal tool called a "writ of mandamus.".

What happens if a prosecutor decides not to pursue a criminal case?

Alternatives Available to a Victim. In many jurisdictions where a prosecutor decides not to pursue a criminal case, the victim will have little recourse. Public pressure, aided by social media, may cause a prosecutor to reconsider the decision not to pursue a criminal case.

What does a prosecutor do in a criminal case?

In any criminal investigation, a prosecutor chooses which charge or charges to file or seek from a grand jury. A prosecutor also has the discretion to refrain from filing any charges at all. A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure.

What are the duties of a prosecutor?

Prosecutors must carry out their duties to the public they represent , but like most public agencies and private businesses, resources are finite. A prosecutor may decide to make prosecution of certain offenses a priority, while offenses that are deemed lower priority might not be as vigorously pursued.

Why do prosecutor decline to press charges?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Can a prosecutor file a writ of mandamus?

A writ of mandamus, however, is not available in most jurisdictions to a person wanting to force a prosecutor to file criminal charges or seek an indictment from a grand jury. In these jurisdictions, a prosecutor's decision to not seek formal criminal charges is considered a permissible exercise of discretion, and a court will not order ...

Who has the final say when it comes to filing charges?

Most of the time, prosecutors have the final say when it comes to filing charges or asking a grand jury for an indictment. Political or public pressure sometimes changes their minds.

The Prosecutor’S Role During Investigations

The Prosecutor’S Role in Charging Crimes

  • The prosecutor decides which crimes to charge. The most important check on this power is the requirement that the accusations be supported by “probable cause”—the legal standard that will spare a person from prosecution unless it’s more likely than not that a crime was committed and the defendant committed it. But even with this check, the prosecutor has considerable power to …
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Plea Bargaining

  • In most federal and state courts, prosecutors and defense counsel have a conversation at some point about “settling this matter.” In exchange for a guilty plea (sometimes to a specific crime), the prosecutor agrees to ask for a specific sentence (in some courts, the judge is part of the bargain, agreeing in advance to impose the agreed-upon sentence). The defendant avoids the risk of endi…
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The Prosecutor’S Role at Sentencing

  • While it’s the court’s role to impose a sentence, that sentence (a specific sentence or a range) is set by the offense that the defendant stands convicted of. Consequently, the judge will be constrained by the charges that the prosecutor has elected to bring against the defendant. Even if the defendant beats some of the charges or ends up convicted...
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The Prosecutor’S Post-Conviction Role

  • Most defendants who are convicted of felonies appeal their convictions. They hire counsel or obtain counsel from the state; and the appellate division of the prosecutors’ offices handles the case for the government, arguing that the conviction and sentence should be upheld on appeal. Occasionally, defendants file writs of habeas corpus, in which they allege incompetence of their …
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What Restrains The Prosecutor’S Discretion?

  • Not much, but here’s a run-down of how abusive prosecutors can be brought to heel: 1. When prosecutors violate the Constitution. Courtesy of our system of checks and balances, the prosecution (a distinct arm of government from the courts) does not answer to a judge. Prosecutors do, however, answer to the state and federal constitutions, which makes them subj…
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Questions For Your Attorney

  1. I think the prosecutor has overcharged my case. How can we argue that in court? What do we have to prove?
  2. Does a prosecutor have to bring charges when the victim demands it? What if the victim objects to charges being filed—will this end the matter?
  3. I think the result in my case was unjust. How can we raise that on appeal?
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