How do federal prosecutors determine which charges to pursue?

Federal prosecutors determine which charges to pursue by considering the facts of the case and the applicable federal laws. In Maryland, federal prosecutors must adhere to the U.S. Code, which outlines the federal criminal statutes, and the Federal Rules of Criminal Procedure, which provide guidelines for how federal criminal cases should be conducted. When a federal law enforcement agency is investigating a case, they will usually forward a report of their findings to the U.S. Attorney’s Office in the relevant district. The U.S. Attorney will review the evidence and decide whether or not to pursue charges. The U.S. Attorney may also consult with a grand jury to evaluate the facts of the case and decide if criminal charges should be filed. The grand jury must be presented with evidence showing reasonable cause that a crime was committed in order to issue an indictment. In some cases, multiple federal statutes may apply to the same set of facts, and in these instances, the U.S. Attorney must decide which statute provides the most appropriate charges for the case. The U.S. Attorney may also recommend that particular charges be added or deleted. Ultimately, it is up to the federal prosecutor to decide whether to pursue charges and which charges are most appropriate. The decision is based on the facts of the case, the applicable federal laws, and the prosecutor’s experience in evaluating similar cases.

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