Answer to Question 1
The prosecutor is the official given the task of charging criminal suspects in the name of the government and obtaining convictions of those responsible for violating the law. Their role is primarily one of legal advising, rather than prosecution. City attorneys are, with some exceptions, the chief legal advisors to city government officials. Most criminal prosecutions are handled at the county level, so this chapter's discussion is focused primarily on district attorneys and state's attorneys and their deputies.
Answer to Question 2
The most obvious reason for deciding not to prosecute is lack of evidence. There are other reasons not to prosecute, other than lack of evidence. For example, even if the state's case is strong, there may be an incentive not to prosecute. If it appears the defense's case is stronger, then it may behoove the prosecutor to proceed with charges against a different individual.
Failure to press charges can sometimes be questioned by a court, which can provide relief to individuals who wish to proceed with the case. Other times, a prosecutor's supervisor or other high-ranking official may step in.
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