Legal Question in Criminal Law in California
Who decides?
Who has final say as to how a criminal case will be handled?
For example, If a company wants to have someone prosecuted and refuses to negotiate to possibly end the case even though the prosector feels it can end without anyone being convicted...... Who decides??? Is it really in the hands of the company or in the hands of the prosecutor??
1 Answer from Attorneys
Re: Who decides?
The prosecutor makes these decisions. The victim of a crime has no authority over a case, but may have some informal influence over what the prosecutor decides to do.
I don't know what you mean when you say that a company refuses to negotitate with the person it wants prosecuted. There may be a civil case going on between them and the company would be entitled to refuse to negotiate there if it so chose, but since the company has no authority in a prosecution there is no way it can negotiate any aspect of a criminal case.
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