How Does The Prosecutor Decide Whether To File Charges?

Prosecutors use careful evaluation in order to determine if they should file charges. The first aspect taken into consideration is whether or not it is a legally sound case. If there are legal problems in a case, it may be thrown out of court. An example would be if the arresting officer violated the rights of the accused through an illegal search, it is evident that the evidence obtained would not be admissible.

The second aspect has to do with whether or not there is enough evidence to even possibly convict the defendant. As a criminal defense attorney, we ensure that prosecutors are held accountable when it comes to their evaluations. When looking at a case and considering filing charges, prosecutors need to answer all of the following questions:

  1. Is there sufficient evidence that the crime was committed?
  2. Am I convinced that the suspect of the crime is actually guilty?
  3. Does all the evidence in the case support the overall conclusion?
  4. Does the evidence lead to a conviction beyond a reasonable doubt?

There are standards in place for prosecutors depending on the case, but they need to prove that the defendant is guilty beyond a reasonable doubt. If they cannot, they should not file charges and our criminal lawyers can help ensure that this is held true.

The prosecution has the burden of proof in a criminal case and when we build a defense, we thoroughly investigate and challenge the prosecution's evidence and testimony. In doing so, we are often able to cast doubt and help our clients avoid a serious conviction.

Contact a criminal defense lawyer in Queens if you have been arrested and are facing conviction. Schedule your free case evaluation with us at the Law Office of Kevin P. O'Donnell to get started.

Categories: Criminal Defense
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Law Office of Kevin P. O’Donnell
Queens Criminal Defense Attorney

125-10 Queens Boulevard, Suite 15
Queens, NY 11415. (888) 715-1735| Local Phone: (718) 285-9355.