Yes. The prosecutor's office reviews all charges that they may have to present to court.
Yes, a prosecutor reviews misdemeanor charges. It is the responsibility of the prosecutor to decide whether there is enough evidence to pursue a conviction and whether it is in the best interest of the public to proceed with a case.
Yes, a District Court prosecutor can add a misdemeanor charge to a felony charge in the same case, as long as the facts support both charges. This can provide the prosecutor with more flexibility in seeking a conviction or plea deal.
The prosecutor may choose to amend the charges to a misdemeanor in exchange for a guilty plea if the facts and history are right.
"Refer to prosecutor" means to send a case to a prosecutor for further review and potential prosecution. It typically occurs after law enforcement has completed an investigation and believes there is enough evidence to support criminal charges.
After the investigation is complete and he has all the facts. if the prosecutor believes that the offense has risen to the level of felony he may amend the charges to the more severe offense.
The answer to your question would be the Prosecutor.
A "NOLLE PROSEQUI" is not a dismissal of the charges. It only means that, for whatever reason, it was the prosecutor's decision to decline to prosecute. His actions in the "nolle" do not mean the charges "go away" and his decision is subject to review by higher authority (e.g.- his superiors or a judicial officer). His decision COULD be over-ruled and the charges re-instituted. As far as a judge acting as a prosecutor - more information would have to be included as to exactly what the questioner is asking, or they mean by that statement.
There is no law stating that you MUST retain an attorney when speakin gto the prosecutor, but when dealing with criminal charges it is probably a good idea to have one. What you are looking for is a "plea bargain." BUT - the key word is 'bargain.' If you you don't have anything to offer the prosecutor in return for him giving you a rediced charge than you have nothng to bargain with.
Offer to 'cop a plea' with the prosecutor. He may allow you to plead to a misdemeanor in exchange for a guilty plea. OR - if you have information that the prosecutor's office or law enforcement might be interested in, they may "trade" you for it.
If that is all the charges that they have filed with the DA then it is a misdemeanor.
If you have been charged with a felony it is possible that the prosecutor could have you charged with a misdemeanor DUI if they decide your case merits it. Some felony charges are required by law if you have multiple DUIs or had a BAC that was very high.
You could call the County Prosecutor and ask if he or she would review the case. There are many, many reasons law enforcement may choose NOT to go forward with charges.
misdemeanor