What is the distinction between the control by the prosecution and the control by the court?

written by Howard

Before a case is filed in court, the prosecution has control over the following:

  1. What case to file
  2. Whom to prosecute
  3. The manner of prosecution
  4. The right to withdraw the case before arraignment even without notice and hearing.

After a case is filed in court, the court has control over the following:

  1. The suspension of arraignment
  2. Reinvestigation
  3. Prosecution by the prosecutor
  4. Dismissal
  5. Downgrading of the offense or dropping of the accused even before plea