Final answer:
The prosecutor is responsible for determining if formal charges will be filed with the court, following an indictment or a sufficient evidence review.
Step-by-step explanation:
The individual who determines if formal charges will be filed with the court is the prosecutor. The prosecutor represents the government and is responsible for bringing charges against the defendant, which they must prove beyond a reasonable doubt.
While a grand jury can issue an indictment, indicating that it is reasonable to try someone, it is ultimately the prosecutor's responsibility to formally file these charges with the court.
This happens after determining that there is sufficient evidence to proceed with a criminal trial. A defense attorney defends the accused, a judge oversees the proceedings, and a jury determines guilt, but none of these determine the initial filing of charges.