If the case goes to trial, the prosecutor must prove "beyond a reasonable doubt" that the defendant committed the offense. Prosecutors generally do this by having witnesses testify and by presenting physical evidence.
Many cases do not go to trial because the accused pleads guilty or no contest. Sometimes the defendant agrees to plead guilty or no contest in exchange for the prosecutor’s promise to dismiss or reduce some charges, or to make favorable recommendations at sentencing. This arrangement is called a plea bargain or plea agreement. In deciding whether or not to offer a plea bargain, a prosecutor looks at the strength of the evidence, the credibility of the witnesses, and the likely sentence.
Although victims have the right to confer with the prosecutor, the ultimate decision to offer a plea bargain rests with the prosecutor. The prosecutor considers society’s best interests, not just the individual interests of the victim or the victim’s survivors.
The prosecutor or a victim-witness coordinator can give you case information and advice on dealing with defense attorneys and reporters, help prepare you for trial and sentencing, and give you information on applying for crime victim compensation.
