Tuesday, August 30, 2011

Denver criminal defense lawyer / some stuff about prosecutors

This is a blog about criminal defense issues, so it's no surprise I mostly talk about Denver criminal defense lawyers and related issues. However, there's no question that the prosecutor in every case can make a big difference. Sure, a good defense attorney can make a big difference. But a lot of times it just doesn't matter how good your Denver criminal defense lawyer is: the outcome of your case will be decided by different factors. One of the biggest factors is the prosecutor's office charged with the case.

Sure, the police officer arrests you and files a report. However, it is up to the Deputy District Attorney to decide what crimes to charge you with. Many times, the same set of acts could lead to a defendant being charged with a huge number of different crimes. In that case, it is up to a combination of how the particular district attorney feels about the case, and his office's policies. If the issue is up to to the particular DA, then your Denver criminal defense attorney would have a chance at swaying the outcome. If he can build or has built a decent rapport, there is a chance for a good plea bargain. In some cases, the charges may be dropped altogether.

However, in certain cases a prosecutor's office has specific policies that prevent this sort of discretion. For example, in domestic violence cases many prosecuting offices have a policy of not dropping them at all. From a distance, this makes sense. Many times a victim of domestic violence will be intimidated into recanting the statement they made to police. Prosecuting these to the hilt makes sense then. However, if the evidence simply isn't there, going to trial looks awfully silly. It's a time drain for both sides and very stressful for the defendant. This is just one of the firmest and most common guidelines that DA's offices have. These rules aren't the law, but they make a huge difference in a defendant's ability to get a good outcome. Your attorney needs to know about them, and know whether he needs to take your case to trial to get you the result you deserve.

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