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How Do Prosecutors Decide Which Cases to Charge? the suspect's background and criminal past (if any) whether the offense resulted in harm. whether the punishment fits the crime. whether the police acted with bias or engaged in improper conduct. the victim's wishes or motives.
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.
If a party is to be represented by an attorney, said legal counsel must file a signed entry of appearance with the Division that contains the attorney's name, Mississippi Bar license, address, and telephone number. Attorneys of record may withdraw representation upon the order of the Hearing Officer.
An "unsecured appearance bond" is an undertaking to pay a specified sum of money to the clerk of the circuit, county, justice, or municipal court, for the use of the State of Mississippi or the municipality, on the failure of a person released to comply with its conditions.
Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining.
The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim. Colorado Law.
Chapter 17 - Trial. § 99-17-1. Indictments to be tried within 270 days of arraignment. Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.
The three conditions are that at least one person has been: Arrested. Charged with the commission of the offense. Turned over to the court for prosecution (whether following arrest, court summons, or police notice).