In The Justice System, Prosecutors have an enormous amount of discretion in a criminal case. As a former prosecutor in the State of New York, and the Federal System in Detroit, I had the ability to decide who should be charged with a crime, what felony and misdemeanor charges should be filed, and when charges would be filed. Like all prosecutors, I also had the ability to negotiate plea bargains, dismiss charges, and recommend downward departures at sentencing. However, prosecutors cannot engage in conduct that amounts to selective or vindictive prosecution. For ethical prosecutors, this is not a problem. Unfortunately, some prosecutors cross the line. A recent google search for "prosecutorial misconduct cases" yielded over 150,000 results in .28 seconds.
August was a good month for white collar crime clients of the Law Office of John Freeman, PLLC. In Monroe County, a client's felony embezzlement charges were dismissed when the Circuit Court granted Mr. Freeman's motion to quash the information. In agreeing with Mr. Freeman's motion, the Circuit Court judge found that the prosecutor's evidence at the preliminary examination failed to demonstrate probable cause that the client committed a crime. Therefore, the District Court judge abused his discretion in binding the case over to the Circuit Court.
In The Justice System, it is obvious that state and federal felony charges can have serious consequences, including substantial incarceration, parole, probation, fines and costs, attorney fees, and non-citizen deportation.