Facing criminal charges can be a frightening and unsettling experience for anyone. As such, it’s vital to thoroughly understand the judicial system to help you navigate this difficult time. This requires acquiring information about criminal cases’ various processes and procedures. It’s a common misconception that prosecutors have the power to convict anyone who is accused of a crime. In reality, they have a range of duties and responsibilities that they must fulfill, including proving guilt beyond a reasonable doubt to a jury before they can get a conviction. If you’re facing criminal charges, you should enlist the help of our experienced Nassau County Criminal Defense Attorneys, who can help you combat your charges to protect your future. Please continue reading to learn more about the role fo a prosecutor in a criminal case.
What is the prosecutor’s role during a criminal case in New York?
When you’re accused of committing a crime, the police will arrest you, and the prosecutor files the criminal charges. A prosecutor is a government representative responsible for bringing an individual to justice in the name of the state. Before a trial commences, the prosecutor, during the arraignment, will make bail recommendations. They determine an appropriate bail based on a defendant’s age, criminal history, and the relative risk to the public the defendant poses if they were temporarily released. If they deem a defendant a flight risk or a danger to the general public, the prosecutor can recommend that the judge deny bail entirely.
The prosecutor can also negotiate plea bargains. A plea deal is a legal agreement in which a defendant would receive a lesser sentence in exchange for entering a guilty plea to a lesser charge. If they accept the plea deal, the criminal case will not proceed to a trial. However, if the trial does proceed, another duty of the prosecutor is selecting jury members. Once the trial commences, the prosecutor is responsible for proving a defendant’s guilt beyond a reasonable doubt. To do this, they must investigate the case, gather evidence, put witnesses on the stand, and present their legal arguments to the jury. If the prosecutor can prove a defendant guilty beyond a reasonable doubt, the defendant will be convicted and subject to an array of penalties.
If the trial results in a guilty verdict, the prosecutor will confer with the trial judge to recommend sentencing based on the circumstances of the crime and whether there are any aggravating factors. Sentencing is up to the discretion of the judge. If you’re facing criminal charges, please don’t hesitate to contact a determined Nassau County criminal defense attorney from the Grunwald & Seman, P.C. legal team, who can fight on your behalf to safeguard your rights.