12-28-2024, 05:21 PM
A United States Attorney (USA) can decline to prosecute a case if:
The case was referred directly to the USA
There are written declination guidelines for the offense category
The USA considers unusual or aggravating circumstances
When a USA declines to prosecute, they should:
Communicate their decision and reasons to the investigating agency and other interested agencies
Document the action and reason in the USA's files
Take steps to ensure other authorities are aware of the matter if the case is serious but not prosecuted
Common reasons for a prosecutor to decline to prosecute include:
Lack of sufficient evidence, A key witness is not cooperating, and the suspect's constitutional rights were violated.
Prosecutors use written declination guidelines for over 40 types of criminal offenses, including: Theft from interstate shipment, Bank fraud and embezzlement, Crimes on government reservations, and Drug offenses.
Prosecutors must exercise their judgment to balance factors and achieve a fair outcome.
The case was referred directly to the USA
There are written declination guidelines for the offense category
The USA considers unusual or aggravating circumstances
When a USA declines to prosecute, they should:
Communicate their decision and reasons to the investigating agency and other interested agencies
Document the action and reason in the USA's files
Take steps to ensure other authorities are aware of the matter if the case is serious but not prosecuted
Common reasons for a prosecutor to decline to prosecute include:
Lack of sufficient evidence, A key witness is not cooperating, and the suspect's constitutional rights were violated.
Prosecutors use written declination guidelines for over 40 types of criminal offenses, including: Theft from interstate shipment, Bank fraud and embezzlement, Crimes on government reservations, and Drug offenses.
Prosecutors must exercise their judgment to balance factors and achieve a fair outcome.