How do federal prosecutors determine which charges to pursue?

Federal prosecutors need to decide which charges they should pursue in a criminal case. Generally, the first step is to evaluate the evidence and then determine what charges are the most serious and would provide the most punishment for the defendant. Some of the factors that federal prosecutors will consider when making this decision include the severity of the offense, the amount of evidence available, the defendant’s criminal history, the potential sentence for the charge, and the impact the crime has had on victims and their families. In New Mexico, federal prosecutors are guided by the Federal Sentencing Guidelines which provide guidelines for the appropriate sentences for various types of criminal offenses. These guidelines are based on the seriousness of the offense, the impact on victims and the community, and the defendant’s criminal history. Federal prosecutors will also consider how the charge would affect the defendant’s criminal record and how likely it is that the defendant will be found guilty. When considering what charges to pursue in a criminal case, federal prosecutors also need to determine if any plea bargains or other agreements can be reached with the defendant. By making a plea bargain, the prosecutors can reduce the severity of the charges and the punishment, while the defendant can plead guilty to a lesser charge and avoid a stiffer punishment. Before making a final decision, federal prosecutors will review the facts of the case, the evidence presented, the Federal Sentencing Guidelines, and any plea bargains or other agreements that may be offered to the defendant. This helps them to determine the best charge to pursue in a criminal case.

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How do federal prosecutors determine which charges to pursue?

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