When Should a Prosecutor Refuse to File Criminal Charges?

Should the Prosecutor Pursue the Charges?
The general rule is that a prosecutor should not file criminal charges in a case when they personally do not believe that the criminal charges are supported by probable cause.  This means that the standard for filing and/or pursuing charges is the prosecutor's "personal" belief.  This may cause conflict between a superior/managing prosecutor and a subordinate prosecutor.  Although the rule is clear as to a "personal" belief in the charges, many prosecutors, being fearful of being demoted or fired, are reluctant on dismissing a case despite this clear standard.  With the current state of the legal profession, many prosecutors are fearful of losing their job.  A prosecutor who is viewed as too lenient won't get promoted and will often times get stuck in unappealing assignments. 

Errol Cook, Esq.
(562) 209-1114