In most jurisdictions, the decision as to which criminal charges should be prosecuted and which should be dismissed usually is made:

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In most jurisdictions, the decision as to which criminal charges should be prosecuted and which should be dismissed is made by the prosecutor. The judge may have some discretion in certain circumstances, but ultimately it is the prosecutor who determines which charges to pursue. The defense attorney may negotiate with the prosecutor to have certain charges dropped or reduced, but the final decision rests with the prosecutor.

In Most Jurisdictions, the Decision as to Which Criminal Charges