how does the districts attorney decide to prosecute?
461107
Many things go into the decision, the first is making sure that a specific statute or law applies to the offence. Second, unless they can be reasonably sure of a conviction, they will not proceed because they all rely on the arrest vs. conviction record when it's time to be elected again.
329846
First, it is important to note that not all prosecutors are elected.  In New Jersey, for example, the Prosecutor for each county is appointed by the governor.  And in the federal system, United States Attorneys are appointed by the President.  \n\nSecond, there are always checks on prosecutorial discretion.  This is the main purpose of the grand jury, which can decide not to hand up an indictment even after the prosecutor presents evidence.  \n\nFinally, if the public believes that a prosecutor is not faithfully executing his or her duties they can decide not to re-elect him or her.
820401
To try to make it simple: The prosecuter tries to put you in the slammer while the defending attorney tries to get you off the hook. \n\nGood defense attorneys make a lot of money while the prosecutors try to provide justice to victims so they have to believe in what they are doing because they don't make near the money. That is also a difference.
591577
You seriously need the advice of local counsel specializing in such cases and who is familiar with the courts in your district.\n\nGood luck.
1121354
You may need to discuss your problems with the police or a police detective. If they view your case and feel there is something, they can get the District Attorney to file charges.
928671
CONTACT ATTORNEY AND DA.
240404
Hello:\n\nWell, it kinda looks like this but each jurisdiction has different requirements.  And, even after I show you what it looks like, you're still not gonna know what to put in the motion.  \n\nSo, my advice to you is hire an attorney, or the evidence you want to supress, AIN'T gonna be suppressed:\n\n                     IN THE STATE OF _____ \n                     COUNTY OF _______\n\nThe State of ______ )\n                    )     \n     vs.            )  Cause #\n                    )  MOTION TO SUPRESS EVIDENCE \nYou                 ) \n____________________)\n\n\nexcon\n\nPS>  So, the HTML caused everthing to not line up, but  you get the idea.
595898
Prosecution always open first, and presents the case for the state.\n\nThe defense then presents its counter-arguments to the case of the prosecution.\n\nThe reason why the prosecution goes first is to ensure that they don't "slip" something in that the defense weren't aware of.
76382
It will depend on state, county and local laws.  Though a state sets down a guideline, lawyers play plea games.
474985
Have you been arraigned on this charge?  If the DA is going to file charges then you will need to hire an attorney.  If you can't afford an attorney a Public Defender will be appointed on your behalf.  You will have a Preliminary hearing where the judge will determine if the DA has enough evidence to take the case to trial.  To be convicted a jury must find you guilty beyond a reasonable doubt based on the evidence.\n\nYou have not provided enough information to get an honest opinion of your guilt or innocence and the likelihood of a conviction based on the evidence the authorities have.  You are leaving a lot out of the story.
736315
It basically means that the judge sees the case to be fit for trial... In other words the DA has strong evidence that the acccused is guilty...
926784
IF they haven't been convicted yet, good luck.  It's no one's business.   Innocent until proven guilty, remember?\n\nSome smalltown newspapers still carry arrest records to fill up space, but not even the lawyers never know when court dates might come up or get pushed back.    They contribute to that date getting shifted, too, since some prefer to stall as long as possible while gathering evidence, witnesses, and so forth.\n\nNothing's ever written in stone in today's judicial system.   Could be a year from now.   Depends on the lawyer,the court's schedule, holidays, and so forth.
230159
If it is a criminal case, then it will be the US Attorney for that judicial district, or, if a really big national case, the Attorney General's office.\n\nOccasionally, you'll see criminal prosecutions brought by staff counsel for a particular agency....for instance, if' it's a case involving stock fraud, the staff counsel for the FTC can bring a case.  But that's not the usual circumstance in criminal cases.\n\nIf it is a civil case, it will be the staff counsel for the governmental agency involved, except when it gets up to the appellate level, the Solicitor General may or may not take over....but the SG almost always does take over when/if the case gets to the Supreme Court.
201312
Discuss it with your local district attorney - if you bring the values to the prosecutor's attention, it may influence how the charges are filed.
950028
Southwind gives good advise and I must restate some that has already been said.  First, talk to an attorney.  If the husband talks to the DA’s office, they will likely not do anything to him.  When I investigated similar crimes, we were trained to use two major criteria.  1. Did he take part in committing the crime?  2. Did he knowingly benefit from the crime?  If the answer is YES to either question, we would “consider” accessory charges as an option.  However, even we would go to the DA’s office for advice.  We were not lawyers so we would ask the people who would be prosecuting the case if we were proceeding correctly for a conviction.  \n\nState laws differ from state to state and I can only speak of the state I was in (Oklahoma), but I was told specifically by an attorney in the DA’s office that with one exception, it was not a crime to have knowledge of a crime.  That one exception was child abuse/endangerment.  I specifically asked about murder/homicide.  I was told “no,” knowledge of murder/homicide was not a crime.  So, I’m sure you see the fine line they must walk in this case.  If the husband comes out and points the finger with proof, he will likely not be punished if he was not involved.  \n\nOne last note before someone mentions the issue of a spouse bearing witness against a spouse.  The law in most states is that a spouse can not be “compelled” to bear witness.  Voluntary testimony is completely admissible.  \n\nBest of luck to your friend and again, CALL AN ATTORNEY.
975949
Your question is too vague.\n\nDepends on the case, what stage its in trial, what the statute of limitations are for the offense... and a thousand other variables. \n\nYou need to report with much more detail before you can get a correct answer.
806836
If someone is CHARGED with a crime and is indicted, it would seem that the D.A. has enough evidence to bring that person to trial. \n\nMost States have laws entitling the Defense to "FULL DISCLOSURE" of evidence (if you saw the movie 'My Cousin Vinny', you'll know this). The State MUST allow the Defendant the ability to see what evidence there is against him in order to prepare properly for the court case.\n\nHaving said that, if a D.A. wants to "BLOW HIS CASE" and try it in the media, going "PUBLIC" with the evidence will accomplish that.\n\nThe short answer is YES !!!