An arrest doesn’t guarantee a conviction or even that the state will bring formal charges against you. Before a criminal case moves forward in Pennsylvania, a prosecutor must decide whether the evidence supports filing charges and, if so, which charges to bring. This authority, which criminal defense attorneys call “prosecutorial discretion” in criminal cases, shapes the outcome of a case long before a jury hears any facts. Here’s what you need to know about the legal and practical factors that influence how prosecutorial discretion affects criminal cases in Pennsylvania.
What Is Prosecutorial Discretion in Pennsylvania?
The term “prosecutorial discretion” refers to the authority prosecutors have to decide whether to pursue criminal charges, which charges to file, and how to resolve a case after filing. In Pennsylvania, this authority extends well beyond the initial charging decision. Many prosecutors can also withdraw charges, offer plea agreements, or divert cases away from traditional prosecution altogether.
Pennsylvania Rule of Criminal Procedure 507 allows district attorneys to require that police obtain approval from an attorney for the Commonwealth before they file certain complaints. That rule puts control over which cases reach a courtroom in the hands of prosecutors, not the police.
However, this discretion has limits. The prosecuting attorney must act within constitutional and statutory boundaries, and they can’t charge someone based on protected characteristics like race or religion. Still, prosecutorial decision-making can carry enormous weight within Pennsylvania’s criminal justice system.
How Prosecutors Decide Whether to File Criminal Charges
The flexibility that prosecutorial discretion provides means that two similar cases can end with very different results. When the prosecutor’s office review cases for criminal prosecution in Pennsylvania, several factors can shape its charging decisions, including:
- The Strength of the Evidence: Whether there is sufficient evidence to support a conviction by proof beyond a reasonable doubt
- The Severity of the Offense: How serious the alleged crime is and what harm resulted
- Criminal History: Whether the accused has prior convictions or a history of similar accusations
- Victim Input: The victim’s perspective and willingness to cooperate
- Alternatives to Prosecution: Whether a diversion program, such as a drug treatment program, offers a better path forward than formal charges
How Our Philadelphia Criminal Defense Lawyers Can Help You
Attorney Brian Zeiger of The Zeiger Firm is an aggressive and experienced advocate for people facing criminal charges in Philadelphia and throughout Pennsylvania. Mr. Zeiger has gone toe-to-toe with state and federal prosecutors before, and he knows how to challenge overly aggressive charging decisions, push for diversion programs when appropriate, or expose violations of your civil rights.
Here’s how one former client described working with The Zeiger Firm:
“Mr. Brian Zeiger is by far the best representation in court that I have ever had. A gentleman and professional that goes the extra mile winning for his clients.”
– Rob Rivera
When you work with a criminal defense lawyer from our firm, you get:
- Direct Access to Brian Zeiger: Personal attention from a criminal defense attorney who has spent his career trying cases in Philadelphia courtrooms
- A Strategy Built Around Your Case: A tailored defense plan instead of a one-size-fits-all approach
- Aggressive Negotiation: An advocate who pushes back against overzealous prosecutors and knows how to fight for reduced charges or dismissal when appropriate
- Protection of Your Civil Rights: A lawyer who won’t hesitate to challenge unlawful searches, coerced statements, and other violations of your rights
If you still have questions or are ready to discuss your case with a knowledgeable defense lawyer, contact The Zeiger Firm today for a free case review.
