Prosecutorial Discretion and Your Criminal Case

February 25, 2020

If you were arrested for any type of crime, the prosecutor in your local District Attorney’s office will make the final determination regarding which crime will be charged against you in your case. This prosecutor will not only determine whether a crime will be charged, but also what severity of the crime will be charged if a plea bargain will be offered, or in some cases, whether a charge may be dropped completely. 

 

Prosecutorial Discretion

Prosecutorial discretion allows a prosecutor to have full and complete discretion regarding how a case will proceed against someone who is arrested for a crime. While a prosecutor will look at a police report and evidence, they will move forward with a charge if they feel there is enough evidence to warrant a complaint in court. 

After a complaint is filed with the court, the prosecutor may present it to the grand jury for indictment, decide what charges should be filed specifically, or even dismiss the case after all. Criminal cases can be dismissed for many reasons, such as insufficient or incomplete evidence, inadmissible evidence, or the determination of false accusations. When not dismissed, a prosecutor can still offer a plea agreement where the defendant would agree to a lesser sentence to avoid the complications of a trial. A strong criminal defense attorney can help you either dismiss the charges completely or help you obtain a possible plea agreement. 

 

Abuse of Prosecutorial Discretion

Prosecutors have wide discretion with respect to criminal cases, which can be abused. Some prosecutors will unethically charge multiple counts of a crime in order to make a plea deal more favorable or attractive to a defendant. Prosecutorial discretionary abuse and misuse of power is real, and can negatively impact not only your case but your life. Having a strong criminal defense attorney by your side can help ensure that your legal rights are protected. 

 

Contact an Experienced Defense Attorney 

An experienced defense attorney will help you negotiate with prosecutors to either reduce your charges or dismiss your case. Contact an experienced attorney at David Aylor Law Offices. We can help you understand your rights, and help you understand your next steps. Contact us today online or at (843) 212-2684.

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