How State Prosecution Works: Investigations, Evidence and Charging Decisions

A general educational guide to how prosecutors evaluate investigations, evidence and potential charges.

Investigations gather facts

Investigators collect records, interviews and other evidence before conclusions are reached.

Prosecutors evaluate legal sufficiency

Evidence must be considered against the elements of possible offenses.

Charging is not a conviction

A criminal charge is an accusation that still must be tested through the legal process.

Disclosure rules matter

Prosecutors have obligations concerning evidence and fairness.

Courts make independent decisions

Judges and juries play distinct roles from investigators and prosecutors.