How does the prosecutor decide whether to file charges?
The first thing the prosecutor looks for is a legally sound case. Sometimes, cases have legal problems that could get them thrown out of court. For example, if the police violated the defendant’s constitutional rights while seeking evidence, that evidence would be inadmissible. Next, the prosecutor decides if there is enough evidence to make a conviction probable. If the evidence is not very convincing, it would not be worth the time and expense of a trial. The prosecutor also considers other factors in deciding whether to press charges. The prosecutor’s office has limited resources and typically must choose to focus on some crimes and not others. The “war on drugs” might convince prosecutors to concentrate more on drug crimes. A criminal case is between the government and the accused-not between the victim and the accused. Therefore, prosecutors are under no obligation to go along with a victim’s wishes in pressing or dropping criminal charges. However, most prosecutors do take the vi
