# Justice Manual § 9-27.200: Initiating and Declining Prosecution—Probable Cause Requirement

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-27.200

## Section

- **Citation:** Justice Manual § 9-27.200
- **Heading:** Initiating and Declining Prosecution—Probable Cause Requirement
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-27.000 - Principles of Federal Prosecution / Justice Manual § 9-27.200

## Text

If the attorney for the government concludes that there is probable cause to believe that a person has committed a federal offense within his/her jurisdiction, he/she should consider whether to:

Request or conduct further investigation;
Commence or recommend prosecution;
Decline prosecution and refer the matter for prosecutorial consideration in another jurisdiction;
Decline prosecution and commence or recommend pretrial diversion or other non-criminal disposition; or
Decline prosecution without taking other action.

Comment.
JM 9-27.200
sets forth the courses of action available to the attorney for the government once he/she concludes that there is probable cause to believe that a person has committed a federal offense within his/her jurisdiction. The probable cause standard is the same standard required for the issuance of an arrest warrant or a summons upon a complaint (
see
Fed. R. Crim. P. 4(a)), and for a magistrate's decision to hold a defendant to answer in the district court (s
ee
Fed. R. Crim. P. 5.1(a)), and is the minimal requirement for indictment by a grand jury.
See
Branzburg v. Hayes
, 408 U.S. 665, 686 (1972). This is, of course, a threshold consideration only. Merely because this requirement can be met in a given case does not automatically warrant prosecution; further investigation may instead be warranted, and the prosecutor should still take into account all relevant considerations, including those described in the following provisions, in deciding upon his/her course of action. On the other hand, failure to meet the minimal requirement of probable cause is an absolute bar to initiating a federal prosecution, and in some circumstances may preclude reference to other prosecuting authorities or recourse to non-criminal sanctions or other measures as well.

[cited in
JM 9-10.060
;
JM 9-2.031
]

[updated February 2018]

## Nearby sections

- [Justice Manual § 9-27.001 Preface](https://www.frixlaw.com/law-library/statutes/JM_S9-27.001.md)
- [Justice Manual § 9-27.110 Purpose](https://www.frixlaw.com/law-library/statutes/JM_S9-27.110.md)
- [Justice Manual § 9-27.120 Application](https://www.frixlaw.com/law-library/statutes/JM_S9-27.120.md)
- [Justice Manual § 9-27.130 Implementation](https://www.frixlaw.com/law-library/statutes/JM_S9-27.130.md)
- [Justice Manual § 9-27.140 Modifications or Departures](https://www.frixlaw.com/law-library/statutes/JM_S9-27.140.md)
- [Justice Manual § 9-27.150 Non-Litigability](https://www.frixlaw.com/law-library/statutes/JM_S9-27.150.md)
- [Justice Manual § 9-27.200 Initiating and Declining Prosecution—Probable Cause Requirement](https://www.frixlaw.com/law-library/statutes/JM_S9-27.200.md)
- [Justice Manual § 9-27.220 Grounds for Commencing or Declining Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-27.220.md)
- [Justice Manual § 9-27.230 Initiating and Declining Charges—Substantial Federal Interest](https://www.frixlaw.com/law-library/statutes/JM_S9-27.230.md)
- [Justice Manual § 9-27.240 Initiating and Declining Charges—Prosecution in Another Jurisdiction](https://www.frixlaw.com/law-library/statutes/JM_S9-27.240.md)
- [Justice Manual § 9-27.250 Non-Criminal Alternatives to Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-27.250.md)
- [Justice Manual § 9-27.260 Initiating and Declining Charges—Impermissible Considerations](https://www.frixlaw.com/law-library/statutes/JM_S9-27.260.md)
- [Justice Manual § 9-27.270 Records of Prosecutions Declined](https://www.frixlaw.com/law-library/statutes/JM_S9-27.270.md)
- [Justice Manual § 9-27.300 Selecting Charges—Conducting an Individualized Assessment](https://www.frixlaw.com/law-library/statutes/JM_S9-27.300.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-27.200. Check the current official text before relying on it. Not legal advice.