Some criminal charges are the result of a police officer witnessing a crime. Other times, state authorities must investigate before there is adequate evidence to arrest an individual and bring charges against them.
Those who are subject to criminal investigations may feel quite nervous about the possibility of criminal prosecution. Understanding what factors can lead state prosecutors to convert an investigation to a pending criminal charge can help people respond appropriately to an ongoing investigation or start developing a defense when charges are likely.
The three factors below are critical for bringing charges after an investigation.
1. Adequate evidence and credible witnesses
For a prosecutor to convict a defendant during a trial, they must prove beyond a reasonable doubt that the accused party committed a specific crime. The state must carefully evaluate the strength of forensic or financial evidence. They also need to look into the credibility of witnesses to validate that there is enough evidence supporting the case to pursue criminal charges.
2. The defendant’s criminal record
Proving that a person intended to break the law requires an analysis of their behavior and personality. Individuals who have prior criminal records are more likely to break the law again in the future than those who have never intentionally violated the law. As such, a criminal record that includes similar offenses or a pattern of problematic behavior repeated over many years can convince prosecutors that new charges are worth pursuing in criminal court.
3. Current enforcement priorities and offense severity
Both public and political pressure can influence what cases prosecutors pursue. For example, increased public concern about fentanyl has led to a crackdown on those accused of manufacturing or distributing this dangerous synthetic opioid. Political pressure may also play a role, as prosecutors need support from the public and those in positions of authority to retain their positions.
Finally, the perceived seriousness of a crime can have a major impact on whether bringing charges after investigation is likely. Property crimes that have caused financial devastation and violent crimes are among those that may inspire more assertive action on the part of the prosecutor when compared with relatively minor offenses, such as low-value shoplifting cases.
Working with an attorney from the earliest stages of a criminal investigation can help people to successfully avoid unfair convictions. The state needs to review a situation carefully before deciding to bring charges in most cases. But that doesn’t mean it can’t make mistakes.