When you think of the parties involved in a criminal case, you likely think of the defendant and the judge. However, there are other important roles that must be fulfilled in order to keep the judicial process running smoothly, such as that of the prosecutor. 

In this blog post, we will examine how prosecutors are chosen and answer some frequently asked questions about their role in criminal cases.

The Prosecution's Job

The prosecution is responsible for building the case against the defendant by presenting evidence, interviewing witnesses, and making sure that all of the necessary legal steps are taken. 

The prosecution's job is to present enough evidence that if they convince the jury or judge, they will find the defendant guilty. They don't have to show proof beyond a reasonable doubt because this is not used in civil cases; it is up to the judge or jury member(s) who has (have) been chosen by the people. If there is no other information on what happened, then it's usually up to the prosecutor to decide which side he/she will take. 

The prosecution has an obligation not just for themselves but also for their victim as well as society in general. It's important for the prosecution to be honest with his/herself about whether or not they can put forth a strong enough case against the defendant. It can be hard sometimes when all of your colleagues want you to prosecute somebody, especially when everyone thinks they're guilty. 

In many states, prosecutors work closely with investigators from law enforcement agencies such as the police and detectives. Prosecutors may also work with probation officers, bail commissioners, state attorneys general and sheriffs' deputies.

The Prosecution's Burden of Proof

The Prosecution has the burden of proof, and must prove that the defendant committed the crime beyond a reasonable doubt. The prosecution's responsibility is to present evidence of guilt to the court. They are required to show that there is enough evidence for conviction, and this includes producing witnesses for cross examination. 

The Prosecution also needs to produce evidence of all elements of the crime charged, and provide enough detail so that it can be proved that every element occurred. It is not up to the defense to disprove anything; they only have to cast some reasonable doubt on whether or not the prosecution has met their burden of proof. 

If they succeed in doing so, then they win the case. If not, then the defendant will be convicted and sentenced accordingly

Pretrial Motions

A pretrial motion is any motion filed by the prosecution or defense before trial that seeks to alter the trial's outcome. The prosecution may file motions to limit or extend the time available for discovery, change the location of the trial, exclude certain evidence, or request an extension of time if they need more time to prepare their case. 

Motions are most commonly filed at least one week prior to trial and should be accompanied by documentation supporting their claims. Judges typically make a decision on these motions during a hearing, but can also rule on them in writing. 

If granted, the requests are binding unless overturned by higher court order or stipulation from both parties. Defendants may also file pretrial motions to suppress illegally obtained evidence.


In the United States, trial is the final stage of the criminal process. It is a public hearing before an impartial judge or jury, with both sides presenting their cases and any evidence they think will help them convince the judge or jury that they're right. 

The prosecution (the government) presents its case first and tries to show that the defendant committed the crime charged. To prove this, the prosecutor must introduce sufficient evidence from which a reasonable person would infer that the defendant is guilty. 

The defense attorney cross-examines all witnesses and introduces testimony from other people or documents to disprove what the prosecutor has said so far. The defense attorney also argues why it should not be necessary for his client to go on trial at all because there was no crime committed or there was insufficient evidence against him/her.


In some cases, the prosecutor is not only responsible for prosecuting criminal defendants, but also for recommending to the court the appropriate sentence. The prosecutor will often make their sentencing recommendation to the judge at sentencing. 

At this time, the defense attorney can present any mitigating evidence and arguments they have against the prosecution’s sentencing request. For example, if an individual was charged with drug possession and has never been in trouble before or if it was an isolated incident of low-level drug use then that would be mitigating factors. 

These types of factors could lead to probation or deferred adjudication instead of jail time or prison.


In conclusion, it is the prosecution's job to produce enough evidence to prove that the defendant committed the crime. In many cases, this involves showing that there was no other person who could have committed the crime or that an alibi is not believable. 

The prosecutor has many responsibilities and duties in preparing for and presenting a criminal case. 

It is important to understand that the ultimate goal of any prosecutor, whether public defender or district attorney, is simply to do justice. It can be difficult for prosecutors to see eye-to-eye with their opponents on some matters of law and procedure because they often disagree about what constitutes justice. 

It is also important for you as an individual interested in pursuing a career as a lawyer or prosecutor to know how much responsibility goes into being either one of these careers before making your final decision.