Originally Posted by
Inertianinja
well that's what i said in the Caveats, and note that sometimes people complain in the press for other reasons.
but also understand - as a prosecutor, the victim is not your client. so you can do what you believe is appropriate regardless of what the complainant "wants".
In your 'caveats' you said that, apparently unlike this prosecutor, you would first consult with the victim. And you also indicated that sometimes the victim might agree to drop the more serious charge but still complain in the press. I agree - but not in this particular case. Here the prosecutor is quoted as saying he knew that the victim did not want the felony charges dropped - so clearly there was no such agreement. And I really see no rationale for the prosecutor to be so concerned about the ability to pay restitution in a case where he says that he knows the victim isn't interested in that.
I also agree with you that the prosecutor has to make the decision taking other factors into account besides the wishes of the victim - especially in cases like domestic violence. I once served on the jury in an attempted murder case where the victim sent a written marriage proposal to the defendant while he was in jail prior to the trial. I'm sure the victim in that case would have wanted all charges dropped but the prosecutor felt there was a still a clear need to go to trial.
But I still don't see why a prosecutor would base his decision on the defendant's ability to pay restitution in a case where the victim has stated a clear preference for pursuing the higher charge and that restitution is not of concern to him.