WHO DOES A DISTRICT ATTORNEY DECIDE TO CHARGE?
A district attorney or prosecutor has the discretion to decide which crimes should be charged. In a typical scenario, the police investigate a crime and send a report to the prosecutor. The prosecutor then must decide whether to bring criminal charges against the subject of the investigation.
The first element the prosecutor looks for is a legally sound case. The case must be devoid of any obvious defects that will result in it getting thrown out of court, such as a violation of the defendant's constitutional rights, i.e., illegal search and seizure, or destruction of evidence crucial to the defense.
The prosecutor next decides if there is reliable evidence of guilt. The prosecutor must determine that the amount, and quality, of the evidence makes conviction a probable outcome.
Finally, the prosecutor decides if the case fits in with the office's policy objectives. If pre-trial diversion is available, such as an agreement by the defendant to undergo drug treatment in return for a suspended sentence, the prosecutor may prefer to dispose of the case that way. In some instances the DA may take these steps if The defendant isn't necessarily culpable because he or she acted out of a worthy motive, self-defense, or has mental defects.
Often a prosecutor must simply decide if the prosecutor's office has the resources to pursue the case or if it is a low priority that can be solved through a quick negotiation process.
Many prosecutors are elected officials, and therefore can be voted out of office if the public does not like the direction of their office. Some prosecutors, for instance, may focus most of their efforts and resources combating property crime, while others may focus on domestic abuse. If the electorate does not like the particular goals of the prosecutor, it can end the practice by failing to reelect the individual or by seeking to have them removed from office.
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