When Might Prosecutors Decline To Press Charges In Rockland County?

You might understand that when you’re “acquitted” of a crime, you can avoid relevant penalties. You might also know that if the court finds you “not guilty,” you can also avoid these consequences. But what happens if prosecutors never press charges against you in the first place? Is this the same as being found “not guilty?” When might the authorities decline to pursue charges against you? An experienced criminal defense lawyer in Rockland County may be able to help answer these questions.

If a Prosecutor Declines to Press Charges, Am I Considered Innocent? 

When a prosecutor declines to press charges, this is not the same as a “not guilty” verdict or an acquittal. If a jury or judge finds you not guilty, you cannot be tried again for the same offense due to the “double jeopardy clause” of the Fifth Amendment. This clause prevents corrupt courts from trying you repeatedly for the same offense until a jury finds you guilty.

If a prosecutor declines to press charges, you are not protected by the double jeopardy clause. The authorities could potentially charge you with the offense at some point in the future, and they could eventually arrest you. This is an important point for defendants to realize, as they may benefit from preparing a defense strategy even in the absence of criminal charges.

When Might Prosecutors Decline to Press Charges in New York? 

Prosecutors often decline to press charges due to lack of evidence. If they are not confident in their ability to prove your guilt beyond reasonable doubt, there is essentially no point in going through a time-consuming trial. It may make more sense for them to gather more evidence, slowly build a case, and press charges once they feel more confident.

Sometimes, years or even decades pass before prosecutors press charges – even if they strongly suspect that a defendant has committed a crime. For example, new DNA evidence technology has allowed detectives and prosecutors to revisit countless “cold cases.” Many of these murders occurred decades ago, when police lacked the technology to analyze various pieces of evidence.

Sometimes, prosecutors decline to press charges for more obvious reasons. For example, a Good Samaritan might commit a crime in order to prevent a more serious offense from occurring. If someone jaywalks in order to save an old lady from a drunk driver, they would almost certainly escape a traffic ticket. The same logic might apply to certain instances of self-defense – even if people violate New York’s strict laws. At the end of the day, it comes down to how a jury will feel about convicting someone who clearly has a strong moral compass.

Find an Experienced Criminal Defense Lawyer in Rockland County 

If you’ve been searching for an experienced New City criminal defense lawyer, look no further than Phillip J. Murphy, Attorney at Law. We know that facing an investigation can be a daunting prospect, and you might be desperate to determine whether you will face charges. With our help, you can figure out your next steps with confidence. Even if you eventually face charges, we can help you execute an effective defense strategy. Reach out today to get started.

Sources:

usatoday.com/story/news/nation/2024/03/15/nyc-subway-shooting-brooklyn/72983978007/

constitution.congress.gov/browse/essay/amdt5-3-1/ALDE_00000858/#:~:text=No%20person%20shall%20be%20held,the%20same%20offence%20to%20be