Criminal Law Questions? Ask a Criminal Lawyer.
Hello, thank you for the question.
You're in Canada, right? Just checking because "prosecutor" is the American term for the Crown Attorney in Canada.
OK. I'll ask the site to move the question to US criminal law. Please be patient, and don't reply to me. A US expert will pick up the thread shortly, I'm sure.
Hi, thanks for your question. Is there a specific situation you're wondering about? And are you asking about the appropriateness of selecting a case to present to the grand jury or for a prosecutor to remain on a case once an indictment has been returned? Usually the only thing that would keep a prosecutor from presenting a case to a grand jury for indictment would be some type of personal ties to the accused or the victim (personal relationship, representing them or a family member previously). In our jurisdiction, in the rare instances this happens, a special prosecutor is brought in from another county and they present the evidence to the grand jury for consideration and handle the case from there on out if an indictment is returned.