Legal Question in Criminal Law in Florida
If the prosecutor and the defense attorney reach an agrement on a lesser charge and punishment, does the prosecutor have to run it by the family he is representing or is it his case to do with as he sees fit? Can the family not accept what the prsecutor and defense attorney agreed upon?
2 Answers from Attorneys
Victims have the right to provide input so the prosecutor will usually run it by the victim, however, the prosecutor gets the final decision. While victims have the right to give input, they do not have the right to dictate the decisions of the prosecutor. Prosecutors represent the State of Florida, not individuals.
I agree with attorney Trabin. As a former prosecutor I have experience dealing with victims. We would seek their input keep them informed on the case and explain the strengths and weaknesses of the case etc. However, it is the prosecutor's job to charge consistent with the evidence and to resolve the case. The prosecutor is in a better more trained position to determine what is an appropriate punishment.