How do federal prosecutors determine which charges to pursue?

Federal prosecutors must consider a number of factors when determining which charges to pursue. They first have to analyze the circumstances of the crime and determine which federal laws have been violated. They must then evaluate the evidence available to prove the charges. Additionally, prosecutors must consider the severity of the crime and the potential punishment. The federal government has a law called the United States Sentencing Guidelines that set forth suggested punishments based on the seriousness of the offense and the criminal history of the defendant. Prosecutors must also take into account mandatory minimum sentences, which are certain crimes that carry a minimum sentence. Prosecutors must also determine if a crime is a state or a federal offense. In South Dakota, certain crimes can be prosecuted at either the state or federal level. Prosecutors must weigh the facts of the cases to decide which entity should prosecute the case. Furthermore, prosecutors must take into consideration additional factors such as the impact of the crime on the victims, any potential mitigating circumstances, the defendant’s criminal history, and the availability of potential witnesses. Each of these factors must be taken into account in order for a prosecutor to decide which charges to pursue.

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How do federal prosecutors determine which charges to pursue?

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