What is the limitation that exists on a prosecutor's discretion to file charges and to make a determination about what offense to charge?

Question

Quizplus · Accepted Answer

The limitation that exists on a prosecutor's discretion to file charges and to make a determination about what offense to charge is that the prosecutor must have probable cause to believe the defendant committed the charged offense. This means that the prosecutor must have a reasonable belief, based on the available evidence, that the defendant committed the alleged crime. Without probable cause, the charges are likely to be dismissed by a judge, which can harm the reputation of the prosecutor and waste resources. The other options listed are not accurate limitations on a prosecutor's discretion.

What Is the Limitation That Exists on a Prosecutor's Discretion