What Prosecutors Look for When Deciding How Hard to Push a Case
A prosecutor is a lawyer who works for the government. They are responsible for initiating, reviewing, and arguing cases on behalf of the state. Their primary objective is to represent the public’s interest through investigating alleged crimes, filing charges, presenting evidence, and proving a defendant’s guilt beyond a reasonable doubt. However, they are tasked with ensuring justice, not just winning cases. This means that they have the discretion to not pursue a case, drop charges, or request a dismissal under certain circumstances. If you are facing charges, the best thing you can do to protect your rights is hire an experienced criminal defense attorney in Tucson, AZ. Janet Altschuler used to be a criminal prosecutor attorney, so she understands how prosecutors think and what they look for. Keep reading to learn more about the factors that influence how hard a prosecutor pushes a case.
Strength of the Evidence
One of the biggest factors that determines whether a prosecutor drops charges is the strength of the evidence. A high volume of admissible evidence that directly supports guilt and could potentially secure a conviction makes a case worth pursuing. Prosecutors look for forensic evidence, photos and videos, witness testimony, and a paper trail that proves a case beyond a reasonable doubt. Conversely, weak evidence, poor chain of custody, a lack of documentation or witnesses, or evidence that is too complicated to understand could affect the strength of the case.
Availability and Credibility of Witnesses
Prosecutors consider both the availability and credibility of witnesses to evaluate the strength of a case. If witnesses have a motivation to lie or a past history of criminal convictions, if they seem unreliable or inconsistent, or if they don’t present strong evidence against the defendant, the prosecutor may determine that the case isn’t worth pursuing. For instance, one of the most common reasons a prosecutor or court will dismiss domestic violence cases is if the witness or victim refuses to testify or recants their story.
Defendant’s Background
Another huge factor is the defendant’s own background. If a defendant has a lengthy criminal history or a history of violent behavior, the prosecutor may believe a judge or jury is more likely to find them guilty. Even without a criminal history, a history of lying, deception, fraud, or untrustworthy behavior can work against a defendant. Prosecutors also look at the defendant’s personal circumstances and culpability to determine what charges to pursue or whether they have a strong enough case.
Victim and Public Interest and Safety
A prosecutor will also consider the victim’s rights, input, and desire to proceed with a case. However, the victim’s wishes alone won’t determine if a case proceeds. Even if a victim doesn’t want to press charges, a prosecutor may ultimately decide it’s in the public’s best interests to move forward with the case. The prosecutor wants to protect public safety, and may consider the defendant a danger to their community.
Resources and Abilities
A lesser factor in whether a case proceeds is the resources and abilities of their department. If they are stretched thin trying other higher-profile or higher-precedent cases, have limited resources, or don’t feel that they have the ability to succeed with a particular case, they may find it’s better to devote their energy elsewhere. This may lead to a more favorable plea agreement or an offer of diversion or probation, or the prosecutor may drop the charges altogether.
Nature of the Crime
Finally, a prosecutor will consider the nature of the crime. They are more likely to proceed with violent crimes or those that threaten the peace and safety of the community, especially if it is a repeat offense. They may consider how prosecution and/or a conviction will deter similar future crimes in the community, whether by the defendant or others.
Call an Experienced Defense Attorney if You Have Been Charged With a Crime
If you have been charged with a crime and are Googling “trial lawyers near me in Tucson, AZ,” Janet Altschuler can help. She has over 20 years of experience in criminal law and began her career as a criminal prosecutor. She knows how prosecutors think and what they are looking for as they investigate cases. She also has extensive experience handling negotiations as well as criminal trials. She has worked within the Pima County Justice and Superior Courts, Juvenile Court, and City Court. Call now or contact us online to schedule a free initial consultation to discuss the details of your case.