If a prosecutor refuses to file charges in a case, there may be a review of this decision by the judge on appeal.

Question

Quizplus · Accepted Answer

The decision to file charges is typically at the discretion of the prosecutor, not a judge. While a judge may oversee aspects of a case once charges are filed, they do not generally have the authority to compel a prosecutor to file charges if the prosecutor chooses not to do so. Appeals usually concern decisions made by judges or juries, not the discretionary decisions of prosecutors.

If a Prosecutor Refuses to File Charges in a Case