What do prosecutors have which gives them power to decide what charges to file and whether or not to negotiate a plea agreement?

Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file.

Can federal charges be dropped?

However, once you have been charged with a federal crime, it is difficult to have the government completely drop the charge against you. Often, it is cases like these that will need to go to trial. Potential sentences for a federal conviction are typically much harsher than similar charges at the state level.

How does the Department of Justice affect me?

The DOJ functions to enforce the laws of the United States, representing its citizens in legal proceedings and protecting them against criminal activity. Enforce the law and defend the interests of the United States according to the law. Ensure public safety against threats both foreign and domestic.

Who qualifies for clemency?

Before the Governor can grant a pardon application to someone who has two or more felony convictions (in different cases), a majority of the California Supreme Court must first recommend a grant of clemency.

What happens if you are pardoned?

Pardons generally don’t expunge convictions. But, they will usually restore civil rights lost as a result of the conviction. So, pardons will generally restore: the right to vote.

Can the victim talk to the prosecutor?

A crime victim has the right to choose whether or not to have contact with a defense investigator. A crime victim has the right to have a prosecutor or other person present for any contacts.

Why do prosecutors sometimes choose not to prosecute?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor’s personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant’s guilt beyond a reasonable doubt.

Is federal court worse than state?

What Makes Federal Charges More Severe Than State Charges? Federal charges, for the most part, carry harsher penalties than state charges. The reason these indictments often involve more severe consequences is that federal or national interest is at stake.

What powers does the Department of Justice have?

To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial …

Is the FBI under the DOJ?

Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI’s intelligence activities are overseen by the Director of National Intelligence.

What is it called when a prosecutor decides not to prosecute?

They have what is called “prosecutorial discretion.” Prosecutors can look at all the circumstances of a case, including the suspect’s past criminal record, in deciding whether and what to charge.