Prosecutors consider many factors when deciding whether to file criminal charges, not just whether or not they have sufficient probable cause.
Even with probable cause, prosecutors still should not file charges if they are not confident they can secure a conviction. The public’s best interest, proper resource allocation, and an individual’s criminal history are other major factors prosecutors consider when deciding whether to file charges. It’s the prosecutor’s decision whether to file charges, not the investigating police officers’ or the complaining witnesses’.
For your free case assessment from our New Jersey criminal defense lawyers, call the Law Offices of John J. Zarych today at (609) 616-4956.
How Do Prosecutors Decide Whether to File Charges?
Before filing criminal charges, prosecutors ask themselves certain questions to determine whether a trial would be worth it in the long run. Prosecutors can technically charge any offense as long as there is sufficient probable cause, but that doesn’t always mean they will or that they should.
Do They Have Probable Cause?
Legally, prosecutors need probable cause to file charges against defendants. Probable cause exists when a reasonable person would believe that a crime occurred and the individual being charged was the offender. Probable cause is based on more than just a hunch; it is a standard of proof based on all of the evidence available to law enforcement and the prosecution.
If a prosecutor does not have enough evidence or probable cause, they cannot file any criminal charges against you.
Do They Think They Can Win?
Prosecutors need much more than probable cause to get guilty convictions after they file charges. Even if there is probable cause for the charges, the prosecutor may not charge you if they don’t have enough evidence to prove guilt beyond a reasonable doubt during a trial.
Even if charges are initially filed against you because the prosecution had probable cause, they might drop them or offer a plea agreement if they don’t get the additional evidence they were hoping to from a custodial interrogation or continuing the investigation.
What is in the Public’s Best Interest?
Prosecutors also weigh public interest when deciding whether to file criminal charges. They consider the severity of the offense, the individual’s criminal history, and the threat to public safety. A prosecutor’s goal is to seek justice while upholding the law, which doesn’t always translate into filing charges and seeking a conviction.
For example, as a first-time low-level drug crime offender, the prosecutor might offer a plea in abeyance in exchange for your participation in a diversion program so that you may avoid having any charges or a conviction on your record.
Are There Enough Resources?
Prosecution offices have limited time, money, and resources, just like anyone else. If there are more pressing and serious cases that need to be prepared and tried, the prosecutor might not be interested in filing charges against you for a low-level or first-time offense, even if they have probable cause and technically could.
As long as they still have probable cause and there is still time left in the statute of limitations, the prosecution could still file criminal charges against you in the future, even if they do not have the resources to do it now.
FAQs About Prosecutors Filing Criminal Charges
How Long Do Prosecutors Have to Decide Whether to File Charges?
A prosecutor has the entire statute of limitations to decide whether to file criminal charges. If you are arrested and held in police custody, charges generally must be filed within 48 to 72 hours, depending on the state, or you must be released.
What Happens After the Prosecutor Files Criminal Charges Against You?
After the prosecutor files criminal charges against you, you will have your first appearance in court. The judge will read the formal charges, you will enter your plea, and the judge will set bail in your case. You must have an attorney present for this initial hearing, so you don’t jeopardize your case before it begins.
How Can You Respond to a Prosecutor Filing Charges Against You?
If official charges are brought against you, our Pleasantville, NJ criminal defense lawyers may file a motion to dismiss the charges at your first court appearance. We can file motions to dismiss for insufficient evidence, lack of probable cause, procedural errors, and constitutional rights violations.
What if the Prosecutor Decides Not to File Charges Against You?
Just because the prosecutor has decided not to file charges against you now doesn’t mean they can’t bring charges later if they find more evidence, and there is still time left in the statute of limitations for the offense.
Can Prosecutors File Charges without Cooperation from Key Witnesses?
Prosecutors can file charges without cooperation from key witnesses or the complaining witness. However, getting a conviction may become far more challenging, so many prosecutors do not file charges in these scenarios. If charges have been filed and key witnesses no longer want to cooperate, the prosecution may drop the charges.
Can the Complaining Witness Decide Whether Charges Are Filed Against You?
The complaining witness does not get to decide whether criminal charges are filed against you. Complaining witnesses may report alleged crimes and initiate criminal investigations, but prosecutors are the only ones who can file charges and pursue a conviction.
Do Prosecutors Have to File Charges if They Have Probable Cause?
Even if a prosecutor has probable cause to believe you committed a specific offense, they do not have to file charges against you. These aren’t always black-and-white decisions, and it’s the prosecutor’s discretion whether or not to file charges.
Should You Accept a Plea Deal if a Prosecutor Files Charges Against You?
If the prosecution is unconfident in the strength of their case, they may offer you a plea deal soon after filing charges against you. Be wary of accepting any deal from the prosecution, and don’t sign anything without your lawyer reviewing it.
Call Us if Charges Have Been Filed Against You
Get your free case review from the Law Offices of John J. Zarych by calling our Cape May, NJ criminal defense lawyers at (609) 616-4956.
