Not Guilty Chapter 12 | About Prosecutors

THE PROSECUTING ATTORNEY IS an elected position. The people of the county elect a lawyer and give that person authority and the responsibility to accuse people of crimes, and file those accusations with the court. Prosecutors pride themselves for protecting the community and defending crime victims. Depending on the size of the county, the elected prosecutor may hire additional lawyers for his office, who are called assistant prosecutors. The accusations filed by the prosecutor’s office are called Charges, and the Charges filed will either be called a “complaint” or an “Indictment”. The prosecutor will file charges based on reports provided to his office by law enforcement. The sheriff’s deputy, or whatever law enforcement officer may have conducted the arrest, is typically not a lawyer. He will prepare reports accusing the defendant of a crime, but ultimately the prosecutor (who IS a lawyer) will review that paperwork, and determine first whether to file charges, and secondly what are the appropriate charges. Prosecutors do not file charges on every case that is presented to them. Perhaps law enforcement made a bad investigation or arrest. Sometimes the prosecutor chooses to file charges as a different crime than the law enforcement officer thought was appropriate. For example, law enforcement might have felt that an appropriate charge was Assault in the Third Degree, but the prosecutor’s office might to file it as Assault in the Fourth Degree, or vice versa. The prosecutor may not choose to file for every crime he or she felt was committed. They are also allowed to request to amend or change the charges, and they have the right to file additional crimes, as the court process progresses. For whatever their reasoning, they have complete control over what charges they choose to file, and they have the right to choose to dismiss charges as well. If they take a case to trial, they surely have thought that through, because they could have dismissed it at any point. The vast majority of criminal cases make guilty plea agreements, which makes sense, because if the prosecutor did not believe in his case, he should have/would have dismissed it along the way. Often times, Defendants will believe that the prosecutor will simply dismiss the charges. While lots of people believe it could happen, it happens very rarely. If the prosecutor believed he had sufficient evidence that he filed a crime, it is highly unusual for him to choose to dismiss those charges.

Charges – The formal accusation that the Defendant committed a crime, filed with the court.

Complaint or Indictment – The document used to file the Charges (accusations) in court.

*Disclaimer: This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your specific legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own attorney to advise and assist you concerning the specific facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Different locations have different practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!