When a suspect is taken into custody, the prosecutor assumes control of the case. The decision to negotiate a plea is made by the prosecutor.
The roles of prosecutors are to "do justice" and uphold the law. Doing justice entails that a prosecutor may, on occasion, decide not to pursue a case (or file less serious charges), even if the case's facts might allow for a conviction.
If it is determined that there is insufficient evidence to support a criminal charge, the prosecutor may choose to drop it. The prosecution's case against the defendant might also be undermined by fresh information that is discovered.
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