Legal Question in Criminal Law in Massachusetts

Re: standard to prosecute

The prosecutor's obligation is to fairly apply the law. If a defense attorney believes the allegation lacks probable cause, they can file a motion to dismiss and the judge will rule. If there are two suspects, either the law enforcement agency hasn't finished investigation by determining which of the two should be prosecuted, or there is a belief that both Defendants committed the crime. One crime can have co-consirators, co-defendants, etc.

Re: standard to prosecute

Prosecutors can go to trial on the probable cause needed to arrest... that is sufficient for good faith. Where there are two suspects, they could each be convicted on the same evidence, either, or none. The standard to secure a conviction is proof beyond a reasonable doubt.

Re: standard to prosecute

functionally there is no standard. By the time the trial is pending, the DA thinks there is sufficient evidence to convict. It varies with each person. There is no rule of tumb.