Criminal cases are deeply impacted by prosecutorial discretion, as the choice of the prosecution to press charges can define the arguments presented in court. Prosecutorial discretion streamlines court processes by allowing the prosecution to determine which cases to take and which charges to press. This can dramatically affect the case for the defendant, as they must react to the choices of the prosecution. Understanding this legal principle can help inform how to develop arguments and legal strategies for criminal cases.
However, while prosecutorial discretion is a foundational legal principle in the United States court system, it can greatly complicate criminal cases for the defendant. A skilled criminal defense attorney will understand how to account for prosecutorial discretion, as well as how to navigate the proposals from the plaintiff. Discretion in these circumstances may also include plea deals as well as other negotiations, which means having the advice of an experienced criminal law attorney can be a significant benefit. The seasoned criminal law team from Friedman & Bresaw, PLLC is here to help with your criminal cases
Schedule an initial consultation with a New Hampshire criminal lawyer today by calling our office at (603) 707-4800.
What is Prosecutorial Discretion?
Prosecutorial discretion, in legal terms, is the right of the prosecution to act in their own judgment and conscience in the service of the law. This does not mean that prosecutors are allowed to be self-serving or manipulate the law to their own benefit, but it does allow them room to navigate and make proactive choices, particularly in criminal cases. Discretion is abused, according to the Legal Information Institute, when decisions made are arbitrary, motivated by selfish gain, or otherwise unreasonable. However, prosecutorial discretion in particular does not relate to judgments in court, but to the choice to prosecute a case and on what charges. This means that a prosecutor could drop a case that may not be as pressing, or opt to lower charges as a part of a plea bargain.
Legal Facets of Prosecutorial Discretion
While understanding the details and nuances of the prosecution’s position may not seem valuable for those seeking criminal defense, the actions of the prosecution in these scenarios are actually deeply tied to the outcome of the case. The defense may benefit from understanding the legal basis of prosecutorial discretion, as it can inform the defense strategy as well as round out the defense arguments as a whole.
Determining Charges to File
One of the key legal factors involved in prosecutorial discretion is the decision of what charges to press. While there are generally accepted charges and sentences for different crimes, a part of the court process is the prosecution presenting the charges against the defendant. Generally, the charges will match the alleged crime, but prosecutorial discretion in criminal cases allows the plaintiff to determine the charges presented. While it is unlikely that a plaintiff would succeed in court presenting charges that do not match the alleged crime, there is also the opportunity for the prosecution to only press certain charges or drop the charges entirely. The prosecution has the option to only pursue certain avenues of the complaint in court.
For more detailed information regarding prosecutorial discretion, speak with a skilled New Hampshire criminal defense attorney from Friedman & Bresaw, PLLC.
Plea Bargains
Building on the prosecution’s right to press charges as their conscience or process dictates, within the bounds of the law, creates the opportunity for plea deals. A plea bargain is an agreement between the prosecution and the defense for the defendant to plead guilty in exchange for a reduced sentence or charges. Plea deals can greatly simplify the court process, avoiding lengthy arguments and costly fees, which can be a benefit to both the clients and the law firms involved. However, legal counsel is highly recommended when navigating a plea deal, as it could lead to adverse consequences if handled poorly.
Guidelines and Standards for Prosecutorial Discretion
Due to the vague nature of prosecutorial discretion, there is a significant opportunity for abuse of the system by prosecutors if left unchecked. As such, the government and legislature have instituted several guidelines and protections that help balance this potential for misuse. The United States Office of Justice Programs suggests that one of the more prevalent means of keeping prosecutorial discretion in check is judicial review, but many other standards and expectations govern this process. Additionally, in New Hampshire, prosecutors must refrain from taking on a case that is not supported by probable cause, according to the New Hampshire Judicial Branch. New Hampshire prosecutors must also respect certain rights of the accused in criminal cases, such as refraining from acquiring waivers of certain pretrial rights and ensuring the accused has been informed of their right to counsel.
Impact on Criminal Cases
When facing criminal charges, it is important to understand how prosecutorial discretion may affect your criminal case. Preparing for the various outcomes and accounting for the prosecution is part of crafting an effective legal case. A criminal law attorney can help explain how these details may affect your specific case. However, in general, there are two major ways that prosecutorial discretion could affect standard criminal cases.
Decision to Press Charges
The most direct impact on criminal cases from prosecutorial discretion is the decision to press charges. The prosecution reserves the legal right to press charges for a criminal offense, which means that the prosecution may also decide not to press these charges for a given reason. This opens the opportunity for plea bargains or other reasons why the prosecution may decide not to prosecute.
Influence on Sentencing
Prosecutorial discretion may also allow the prosecution to suggest a certain sentence for the alleged crime. While the final decision for sentencing lies with the judge and jury, the prosecution may suggest a sentence they find fitting for the alleged crime. This can benefit criminal cases by allowing the prosecution to suggest a reduced sentence, another common aspect of plea bargains.
Speak with a New Hampshire Criminal Lawyer
Prosecutorial discretion is a key part of any criminal case, and those seeking criminal defense would greatly benefit from the advice of a criminal law attorney. Since the prosecution can make these choices that could so deeply impact many criminal cases, it is vital to have the assistance of a trained individual with experience in the New Hampshire criminal courts. This experience can help a skilled criminal law attorney identify and preemptively address these issues. Speak with an experienced Laconia criminal attorney from Friedman & Bresaw, PLLC today to learn more about your legal rights. Call the office now at (603) 707-4800.
