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The district attorney, also known as the prosecutor, represents the state of Wisconsin in criminal cases and decides whether to charge a person with a crime. If the district attorney decides to pursue criminal charges, he or she will file a criminal complaint in circuit court to formally initiate criminal charges.
Prosecutorial discretion can result in arbitrariness in sentencing ? defendants may receive widely varied sentences for crimes of similar severity. Both state and federal prosecutors can exercise discretion in terms of whom they chose to prosecute, for what crime, and what sentence they will seek.
If you do not have the other party served properly (within the correct time limits and using the correct method), the court cannot hear or decide your case.
Prosecutorial discretion is the power of the government to decide a course of action when weighing the circumstances of an event that may result in a criminal prosecution. This authority is in play from the moment a prosecuting attorney is asked to make an official criminal charge to the final sentencing.
A prosecutor has great discretion in charging decisions and generally answers to the public, not the courts, for those decisions. As such, courts review the prosecutor's charging decisions for an erroneous exercise of discretion.
801.11 Personal jurisdiction, manner of serving summons for. A court of this state having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in s. 801.05 may exercise personal jurisdiction over a defendant by service of a summons as follows: (1) Natural person.
995.50(2)(am)1. 1. Intrusion upon the privacy of another of a nature highly offensive to a reasonable person, except as provided under par. (bm), in a place that a reasonable person would consider private, or in a manner that is actionable for trespass.
They literally have unchecked power to decide who will stand trial for crimes. Though most prosecutors use their discretion wisely and ethically, that discretion can also be misused to bring criminal charges ? or to refuse to bring them ? based on a prosecutor's own personal political beliefs.