When an individual is arrested and charged with a crime, the local prosecutor’s office has the power to prosecute the case, send the offender to a diversion program, or dismiss the case completely. The state’s attorney also makes recommendations to the judge regarding bail or revocation of bail. If you are facing criminal charges, it is important to understand the duties and power of the state’s attorney and prosecution.

Upon arrest of an individual, the state’s attorney office is notified and provided all reports available for the case. Typically this is not much information, as the alleged crime has just occurred. Once enough evidence is collected, usually within 24 hours but no more than 48, the state’s attorney makes a determination as to whether there is enough to charge the individual with a crime. They also identify the nature of the crime and request bail.

If the individual is charged with a criminal act, the local prosecutor takes over the case. This can be a county or state prosecutor. The prosecutor’s office gathers evidence, speaks to witnesses, and builds a case against the defendant to prepare for trial.

How does the prosecutor determine whether or not to charge a crime?

Prosecutors are empowered to charge citizens with crimes. They must have probable cause to press charges, which is a legal standard stating that the defendant more likely than not committed the crime.

The American Bar Association’s Standards for Criminal Justice notes several factors that prosecutors should consider when charging an individual with a crime:

• Whether the prosecutor has reasonable doubt about the accused’s guilt
• If the accused is cooperating with authorities toward apprehension of others
• Improper or vengeful motives of witnesses or victims
• The extent of harm caused by the act
• Whether the potential punishment is proportionate to the harm caused
• Whether or not another jurisdiction will be prosecuting

What is prosecutorial discretion?

Prosecutorial discretion gives the prosecutor authority to decide what charges, if any, to bring against an individual accused of committing a crime. It also allows for plea bargaining, which provides leniency in the face of harsh criminal laws. This discretion gives prosecutors a wide berth of power when making decisions regarding criminal charges and bail.

What happens after the prosecution charges me with a crime?

Upon formal charges, you will have the opportunity to plead “guilty” or “not guilty.” At this point you will likely have experienced attorneys by your side, who will guide you through the process and advocate for your best interests. In many instances, attorneys can resolve your case during pre-trial negotiations, or work with the prosecution on a plea deal.

These events may differ depending on whether you are charged with a misdemeanor or a felony.

Carey Law Office provides informed guidance and advocacy to clients in and around Bowie and Crofton. If you would like to schedule a consultation with an experienced criminal defense attorney, please call us at 301-464-2500 or fill out our contact form.