The latter. I can think of a very small handful of cases where the prosecution drop marginal cases. I've seen cases where there is zero evidence be taken all t

The latter. I can think of a very small handful of cases where the prosecution drop marginal cases. I've seen cases where there is zero evidence be taken all the way to the day of trial in order to try and get a plea. I see a great number of cases dropped on day of trial when the defendant won't plead out. Source: 11 years experience in the criminal justice system.