Who is responsible for the final charging decision in criminal cases?

The final charging decision in criminal cases is made by the District Attorney. This individual has the authority to review the evidence presented by law enforcement and determine the appropriate charges to bring against a suspect. The role of the District Attorney is critical, as they must consider the strength of the evidence, the applicable laws, and the interests of justice in making their decision. This responsibility also includes assessing whether there is sufficient evidence to proceed with a case and whether pursuing charges serves the community effectively.

Law enforcement officers gather evidence and can recommend charges, but the ultimate discretion lies with the District Attorney's office. The judge's role comes later in the process, typically related to interpreting the law and overseeing court proceedings, while the governor does not partake in individual charging decisions, as their responsibilities are more aligned with executive oversight of the justice system rather than case-specific legal actions.