How does the prosecutor decide which cases to pursue?
Many times agents and police officers bring cases to prosecutors. Prosecutors review all of the information and then make a decision should we go forward on the case. In federal court, cases are pursued by way of a grand jury in almost all cases. Grand juries are merely rubber stamps for the prosecution.
Grand juries originally were designed to protect the public from the sovereign, from the king, just arbitrarily charging people. However, in this day and age, grand juries do whatever prosecutors want, and in the rare occasion when a grand jury refuses to indict someone, the prosecutors simply take the case to another grand jury and they’re assured of an indictment in almost every single case.
But the prosecutors want cases they can win, and that’s why if you’re being accused of a crime or being investigated for a crime, it is critical that you get the best possible criminal defense lawyer to represent you at that stage, because that’s a way you can avoid being charged when a good lawyer tries to convince the prosecutor and is successful in doing so, in convincing him or her not to charge you.