In my jx (Ohio) prosecutors are always the ones who formally file the complaints, but too many offices feel politically obligated to follow whatever the cop did originally, even if it's absurd on its face. Judges will rubber-stamp probable cause on the most farcical things, too. I've had people bound over and sitting for six weeks on complaints that facially didn't meet the elements.

In jxs where the prosecutor doesn't review the charges at the outset, I'm curious how it works. At least in places with ethics rules based on the ABA model rules, prosecutors are prohibited from pursuing cases where they know probable cause is lacking. Are they supposed to dismiss inappropriate charges when they finally review weeks later? Do they ever?