Accused Not Charged
Determining Felony and
The prosecutor can decide not to charge a crime, decide to charge someone arrested for a felony with a misdemeanor, agree to a pretrial diversion of the case, or can recommend that a defendant be released without bail or on a low bail. The prosecutor can defer charging a person until he has more evidence or until he hears from witnesses about the case rather than only summaries from investigating officers or agents. He can review documents and other evidence in addition to what he has been shown by investigators. He can decline to submit a case to a grand jury.