FOCL Practice Test

Who must sign the charging instrument used to prosecute misdemeanor offenses?

1. Judge

2. Detective

3. Prosecutor

4. Defense attorney

The correct answer is: Prosecutor

The charging instrument used to prosecute misdemeanor offenses must be signed by the prosecutor. This is because the prosecutor is responsible for initiating criminal charges on behalf of the state or government and ensuring that there is sufficient evidence to support the case. The prosecutor evaluates the evidence provided by law enforcement, makes decisions regarding which charges to bring, and formally files the charging instrument, which might include information or an indictment, depending on the jurisdiction. In criminal law, the prosecutor plays a crucial role in ensuring justice is served and upholding public interest. By signing the charging instrument, the prosecutor demonstrates their commitment to prosecuting the offense and takes on the responsibility for the case. Other roles, such as a judge, detective, or defense attorney, do not have the authority or obligation to sign this document in the context of initiating prosecution for misdemeanor offenses.