The prosecutor’s power of discretion to file charges on a criminal suspect
The prosecutor receives a law enforcement recommendation, and the prosecutor, upon reviewing the police report, determines the seriousness of the crime and the evidentiary value of filing criminal charges against the suspect.
Not all police recommendations result in formal charges being filed because of the lack of probative evidence or because the police report reveals a constitutional problem such as a questionable warrantless search. Or because in balance, under the factual circumstances surrounding the alleged crime, to file charges in the case would not be in the interest of fairness and justice.
