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Do prosecutors have the discretion to file or not file criminal charges after a crime occurs?
Joannebyrd
Generally the prosecutor isn't the one while files the criminal charges in the first place. It is, in most cases, a police officer who files such. Yes, they can determine whether they want to file them or not however I do believe when you are caught in the act they are legally SUPPOSED to file chargers.
Wiki User
∙ 14y ago
Yes, prosecutors typically have discretion to decide whether or not to file criminal charges after a crime occurs. They consider the evidence and circumstances of the case, as well as factors like the strength of the evidence, the seriousness of the offense, and the defendant's criminal history. However, the exercise of that discretion should also be guided by the principles of fairness and justice.
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