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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29821
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Who is actually responsible what charges are

Customer Question

Who is actually responsible for deciding what charges are filed in criminal cases? xxxxxx
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,
I'm Lucy, and I'd be happy to answer your questions today.
The District Attorney decides what charges will be filed. They review the police report and other evidence to determine what charge are supported by the facts, but police cannot tell them what to charge.
The judge can dismiss a charge if it's not supported by the evidence, but a judge also doesn't have authority to tell the DA what to charge. The DA has total prosecutorial discretion.
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