Prosecutorial Discretion: A Comprehensive Outlook
What happens after the police arrest you for criminal charges?
Your case proceeds to trial, right? But what if we tell you that a majority of criminal cases are resolved without a trial?
Well, it’s true! That’s because before a judge hears your case, a prosecutor assesses the reports, examines the evidence, and decides if there are enough grounds to proceed with your case to a trial. This particular power is known as prosecutorial discretion.
That being said, an experienced Pittsburgh criminal lawyer knows the right ways to leverage the prosecutorial discretion and can extract a favorable outcome for you. How so?
Let’s take a closer look.
A Brief Overview of Prosecutorial Discretion
In simple terms, prosecutorial discretion is a prosecutor’s ability to make certain decisions that impact a criminal case. Prosecutors serve as the initial evaluators of your case. They assess the evidence and case-related documents to determine if the paperwork supports the allegations made against you.
Not just that, but the prosecution also decides what kind of charges can be filed against the defendant. And this decision often becomes the ultimate determining factor for potential jail time or fines involved in a case.
Why Does it Matter?
Prosecutorial discretion helps ensure that the legal system remains flexible and fair, despite its rigid nature.
For instance, if you are a first-time offender and have been charged with a summary offense, a prosecutor might decide to go easy on you. On the contrary, if you have been charged with a violent crime, the prosecutor can proceed to trial.
However, there are also instances where a prosecutor has shown bias for friends or family members. So, if you feel that you’re being a victim of such an instance, remember that our Pittsburgh criminal lawyers are here to protect your constitutional rights.
Factors Influencing a Prosecutor’s Decision
A prosecutor’s decision to proceed, or dismiss, or reduce the charges of a case depends on a handful of factors, like-
- Overall strength of the evidence against the defendant.
- The severity of the offense itself.
- Whether or not the defendant has any prior criminal records.
- The impact of their decision on the defendant.
An experienced Pittsburgh criminal lawyer is aware of such factors and can negotiate on your behalf. In fact, if your attorney has a strong defense, along with the necessary paperwork, the prosecutor might just drop the charges. Added to that, the prosecutor might also refer you to a diversion program as an alternative to an incarceration sentence.
How Does Plea Bargaining Help?
Did you know that most criminal cases don’t even make it to a full trial?! Rather, they end through plea bargaining.
This is another sector where prosecutorial discretion plays an important role. Depending on the evidence and the defense claim, the prosecutor might reduce your sentence in exchange for a guilty plea.
However, you need the assistance of a Pittsburgh criminal lawyer to make sure that you secure a fair deal.
Why is Seeking Legal Assistance Necessary?
A prosecutor’s decision can effectively make or break your case. That’s exactly why you need to have an attorney who knows how local prosecutors think and act. An experienced lawyer can present strong defense claims to challenge the evidence of the prosecution. And this might convince them to reduce or dismiss your charges before the case even starts.
At Logue Law Group, our expert Pittsburgh criminal lawyers are always ready to help you out. Call us at 412-387-6901 to book a free consultation today!