Originally Posted by
GUWonder
Practices vs. published polices. The two are not entirely the same thing.
And when a more serious charge is not as likely to result in a conviction, prosecutors may pursue a less serious (or even somewhat otherwise unrelated) charge that is more likely to result in a conviction, as the purpose is sometimes as much or more about signaling or shutting down than equal justice for all under the law. The assignment for this kind of change in practice can be found in the same kind of thing that gave us the TSA.
Based upon my extensive professional experience in the field of criminal law, I stand by my assertion that most prosecutors will not file charges unless they are satisfied that they have the evidence to prove them beyond a reasonable doubt.