Question: What Decisions Do Prosecutors Make?

Can dismissed cases be used against you?

Many people want to know exactly how a dismissed conviction will appear on their record before and after the dismissal process.

This is important to understand because, typically, your conviction will not be erased completely.

Your conviction can still be held against you as a prior conviction for future sentencing..

What is the difference between a lawyer and a prosecutor?

The main difference between Lawyer and Prosecutor is that the Lawyer is a legal professional who helps clients and represents them in a court of law and Prosecutor is a supreme representative of the prosecution (of the state).

Why do prosecutors sometimes choose not to prosecute criminal cases?

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.

What are the two main characteristics of the prosecutor’s office?

What are the two main Characteristics of the prosecutor’s office?Broad discretion.Decentralization.

Can the prosecutor drop charges?

Only the prosecutor or the arresting officer is able to drop charges. … There are a number of reasons for charges to be dropped in a criminal case. Though some people believe that charges can be dropped at the request of the victim, that is not the case. Only the prosecutor’s office can make that decision.

Can a domestic violence case be dropped?

The answer is no. Once the prosecutor’s office has issued a domestic violence charge, the victim has no authority to drop the charges. … Crimes are governed by the State, and it’s the State that issues criminal charges, not the victim. In other words, since you didn’t issue the charge, you can’t drop the charge.

What evidence does a prosecutor need?

Prosecutors have to show those using witness testimony, physical or scientific evidence, and the defendant’s own statements among other resources.

Does the prosecutor talk to the victim?

It is not the victim’s decision. However, a victim can be consulted about the decision and, at the least, informed about it. The prosecutor is not the victim’s lawyer although he or she has important responsibilities towards victims.

Does the prosecutor represent the victim?

Prosecutors also represent the government when convicted defendants appeal their convictions to a higher court. … 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.

Can you call the prosecutor?

First – you can call the prosecutor, though that is generally a bad idea. Anything you say can be used as evidence. You may plead guilty – though you waive any defenses by doing so. … As a result, it is important to present an aggressive defense.

What happens when a prosecutor is unethical?

The failure to regulate prosecutorial conduct enables more misconduct and wrongful convictions, which cause irreparable damage to the innocent and their loved ones, diminish public trust in the system, and cost taxpayers millions of dollars.

What is one reason prosecutors may decide to dismiss cases?

Insufficient evidence. A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn’t strong enough. Or, perhaps new evidence is found which undercuts the prosecution’s case against the defendant.

What is considered 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. … A prosecutor should seek out, and the prosecutor’s office should provide, supervisory advice and ethical guidance when the proper course of prosecutorial conduct seems unclear.

What factors affect prosecutors charging decisions?

Among the potential factors are the following.Policies on certain crimes. Some prosecution offices adopt policies on certain types of crimes, often in response to community pressure, and these policies may dictate the prosecutor’s approach to a case. … Political ambition. … What justice requires.