Just because a person is arrested does not mean the government will necessarily pursue criminal charges. Prosecutors have a lot of discretion on whether or not to file charges against a defendant.
Some of the most important factors prosecutors consider include: 1) Beyond a reasonable doubt standard of proof. – a prosecutor will likely evaluate the evidence and decide whether they will be able to prove you committed the crime beyond a reasonable doubt; 2) Office policies – Prosecutors often have policies regarding which crimes they want to prosecute and which they consider to be less serious; 3) Prosecutors view of justice – Prosecutors hold beliefs and principles about what is right and what is wrong. These can lead a prosecutor to pursue a case more aggressively then may be warranted and 4) Political aspiration – A Prosecutor with an eye towards political office in the future may choose to prosecute a high profile case where there is community outrage in order to “send a message,” even if the evidence is questionable.
Once the prosecutor has decided to pursue a case, they must decide whether to file the charges in a complaint with the trial court or to take the case to a grand jury. Federal felony prosecutions must go through a grand jury. Some states require serious criminal charges to go through a grand jury, as well.
Even if you feel the prosecution wasn’t justified in charging you, there’s typically little you can do unless the prosecution engaged in serious misconduct. It is very rare that a prosecutor ever faces legal trouble for their decision whether to prosecute. This is because prosecutors have absolute immunity from civil lawsuits related to decisions made in their capacity as prosecutors. Similarly, it is rare that prosecutors will face sanctions or criminal charges for declining to prosecute, although it is not unheard of
If you or a loved one is in a bind as a result of criminal allegations immediately contact a Seattle Criminal Attorney. A Seattle Criminal Defense Attorney is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
