Can a prosecutor overrule a judge's decision?
Asked by: Lucile Ernser II | Last update: August 23, 2025Score: 4.3/5 (11 votes)
For example, a prosecutor may have wanted to introduce evidence into an upcoming trial but the lower court ruled against it. The prosecutor could seek an appeal to overturn the lower ruling.
Who has more power, a judge or a prosecutor?
the prosecutor has the most power over your case and your legal future. They have discretion to drop or amend charges, and to some extent over your plea. They would also be the ones able to bring new charges against you.
Who can override a judge's decision?
The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.”
Can a judge override a plea deal?
They can accept the plea agreement as it is, or they can reject it outright. If a judge rejects a plea agreement, they usually must state a justification on the record.
Can a prosecutor renege on a plea deal?
Violating a Plea Bargain
If a prosecutor reneges on plea bargains, defendants may seek relief from the judge. The judge might let the defendant withdraw the guilty pleas, may force the prosecutor to follow the plea bargain, or may apply some other remedy .
Can I Sue a Prosecutor or Judge?
Can the judge overrule the prosecutor?
The courts may disagree with the wisdom or even the fairness of a prosecutor's decision to bring charges but have no authority to override and dismiss the charges on that basis. There are situations, however, where the courts can dismiss charges for other reasons.
How powerful are prosecutors?
For someone arrested for a criminal offense, prosecutors are arguably the most powerful figures in the legal system. Prosecutors decide what, if anything, to charge—a decision that can be life-altering before and after a conviction.
Who has more power, a de or a judge?
The DA can decide whether to prosecute a case or not. The judge has no power to do that. On the other hand, the judge has the power to rule on contested issues in criminal and civil cases. The prosecutor, except in extremely rare cases, has no power to become involved in any civil disputes.
Do judges and prosecutors work together?
THE CHAPTER ASSERTS THAT TRUE RELATIONSHIP BETWEEN THE TRIAL JUDGE AND THE PROSECUTOR IS OFTEN ONE OF BOTH COOPERATION AND CONFLICT CAUSED BY THE NECESSITY OF AVOIDING EVEN THE APPEARANCE OF UNETHICAL BEHAVIOR. THE ROLE OF TRIAL JUDGE IS THAT OF IMPARTIAL ARBITER WITH POWER TO CURB BOTH ADVERSARIES.
Who can overturn a court decision?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
Who can hold judges accountable?
The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitutionopens in a new window.
What limits a judge's decision-making authority?
The decision-making authority of a judge is primarily limited by the principle of stare decisis. This Latin term refers to the practice of courts to abide by or adhere to principles established by decisions in earlier cases.
What not to say to a prosecutor?
- Agreeing to a deal you don't understand: Sometimes, a prosecutor may try to negotiate your charges with you. ...
- Giving them information they don't know: Much like police, prosecutors may also try to act like your friend when speaking with them.
Can a judge disagree with prosecutor?
Even if a judge does not agree with the prosecutor's decision to charge someone with a particular crime, the judge is powerless to undo the prosecutor's action.
Who is higher than a prosecutor?
The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.
Who can overrule a judge?
Appellate courts have the authority to overrule a family court judge. They can review decisions, and if legal errors or injustices are found, they may reverse or modify the original ruling to ensure fairness and proper application of the law.
Why are prosecutors more powerful than judges?
Prosecutors hold all the power in plea bargaining because strict sentencing laws with mandatory minimums have stripped judges of nearly all decision-making power. It's no wonder that 95% of all convictions are the result of pleas.
Who is the most powerful person in the courtroom?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
What are prosecutors not allowed to do?
Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.
Who makes more money a lawyer or a prosecutor?
Prosecutors and defense attorneys make comparable salaries, with the caveat that jobs in the private sector typically pay more than those in the public sector.
Do prosecutors influence sentencing?
In the state of California, the statements that a prosecutor makes in court could have a massive impact on the judge's final decision. While the prosecution doesn't have the power to sentence the defendant, they could influence the sentencing for better or worse.
Who does the prosecutor go against?
The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
Who has more authority than a judge?
Supreme Court Justices
The Supreme Court has appellate jurisdiction over other matters as conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. Learn more about Supreme Court justices.
How much power do prosecutors have?
They have the authority to decide almost everything after a police investigation has been turned over. This includes whom to charge, how many people to charge, whether to charge a felony or misdemeanor and so forth.