How do federal prosecutors determine which charges to pursue?
Federal prosecutors typically have a wide range of discretion when it comes to determining which charges to pursue in criminal cases. Generally speaking, the prosecutor will evaluate the available evidence and consider the severity of the offense in order to make the decision that is in the best interest of justice. They must also consider if there is enough evidence to pursue a prosecution, and if the evidence will support a conviction. Depending on the severity of the crime, prosecutors might be able to pursue a variety of charges, such as a misdemeanor or felony. If the prosecutor believes the evidence warrants a more serious charge, then they can pursue a federal charge. In North Carolina, federal crimes are those that are either committed on any federal property or are part of interstate commerce. Examples of federal crimes could include immigration offenses, drug trafficking, and cybercrime. When evaluating whether to pursue a federal charge, the prosecutor must consider the elements of the particular crime. They must also examine the defendant’s past criminal history and the potential sentence that could be imposed. In conclusion, federal prosecutors have wide-ranging discretion when it comes to determining which charges to pursue. They must consider the severity of the offense, the available evidence, whether a conviction is possible, and the potential sentence that could be imposed. Ultimately, the prosecutor’s goal is to decide what is in the best interest of justice.
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