Asked in Criminal Law for Oklahoma

Q: Am I allowed to call my co defendants attorney to ask why he was dismissed of his count # charge but i have not...

What is prosecutorial discretion

Related Topics:
1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: I think it’s safe to assume that you have an attorney representing you? You would never want to reach out to a prospective witness against you or their attorney without consulting your attorney, who undoubtedly has a game plan and strategy in place.

Often times with codefendants the prosecutor or assistant district attorney will negotiate a deal with one of the codefendants that involves an agreement to implicate or testify against the other defendant in order to secure a more favorable outcome.

“Prosecutorial discretion” simply means the prosecutor has made a decision NOT to pursue criminal charges against someone (here, your codefendant). That decision is commonly based on a victim’s refusal to cooperate in the prosecution (very common in domestic violence cases where wife or husband refuses to cooperate or come to court), their physical unavailability (moved away and can’t be reached), or their agreement to testify against their codefendant as mentioned above.

Bottom line, discuss this with your attorney. Best of luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.