Prosecutor Special Responsibilities: Which obligation must a prosecutor follow?

• A. Refrain from prosecuting if not supported by probable cause.
• B. Seek waivers of rights from unrepresented defendants.
• C. Subpoena a lawyer about a past or present client in any case.
• D. Comment publicly on the case to inflame public opinion.

Answer: (A)

Prosecutors must not bring charges unless there is probable cause to believe the accused committed the offense. This standard protects the defendant’s rights and the integrity of the justice system by ensuring prosecutions are grounded in a reasonable factual basis, not in guesswork or pressure. Probable cause serves as the threshold for filing charges, so this obligation is a fundamental, non-negotiable duty.

Options that suggest seeking rights waivers from unrepresented defendants, subpoenaing a lawyer about a client, or publicly inflaming public opinion are not obligations and would undermine fairness, privilege, or the appearance of impartiality.