What control does the prosecutor have over the charging process?

The prosecutor has the exclusive domain over the charging process, meaning they are the sole authority responsible for deciding what charges to bring against a defendant. This power includes evaluating the facts of the case, determining if the evidence suffices for prosecution, and ultimately making the decision on the type of charges that are to be filed.

This authority is rooted in the prosecutorial discretion, which allows prosecutors to consider various factors, such as the severity of the crime, the impact on the community, and the likelihood of obtaining a conviction. While there may be oversight mechanisms in place, such as checks from supervisory roles or guidelines provided by the office, the fundamental decision-making authority rests with the prosecutor.

This understanding highlights the prosecutor's pivotal role in the criminal justice system, distinguishing their responsibilities from those of defense counsel, whose duties focus on defending the accused.