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Does A Prosecutor’s Attitude And Temperament Affect What A Criminal Defendant Gets In Los Angeles?

When it comes to filing charges in criminal cases in Los Angeles, the prosecutors are tasked with that responsibility. The police investigate cases. The prosecutor's file charges and the judge sentences a person in a criminal case. So, the prosecutors are a very important cog when it comes to dealing with criminal cases in Los Angeles courthouses. So, if you have a prosecutor who is not reasonable, that's going to put you in a difficult position as a criminal defendant. I've been doing this a long time and I know the prosecutors in courts who are not reasonable and I avoid those prosecutors.

Strategic Maneuvers

If I've got a case where I have to deal with those particular prosecutors, then I am going to make sure that I deal with them the right way. I'm going to make sure that if there's any way that I can change the prosecutor, that I put in the effort and time to strategically maneuver my way around that prosecutor – either to another prosecutor or to a supervisor, and this is crucial because the prosecutors in criminal cases can really change the complexion of what happens.

They can file unreasonable charges. They can take unreasonable positions as to what they think a particular sentence should be, so, it's crucial as a criminal defense attorney that we take into account the prosecutor we're dealing with, how that prosecutor deals with the particular type of charge that the client is charged with and what strategic maneuvers you can take to make sure that that prosecutor doesn't hurt your client.

When I say hurt your client, I mean, be unreasonable, doesn't let the client get a fair resolution in the case and tries to add additional charges to the client, tries to put the client in prison there are all sorts of abilities that the prosecutors have in criminal cases that you, as a defense attorney, have an obligation to make sure that your client avoids.

Unreasonable Supervisors

I've been doing this a long time. I've had cases where I know the supervisor in a particular court or courthouse is going to be unreasonable, so I'm not bringing that case to that supervisor, because that supervisor is going to be unreasonable with my client and my client will not get the right result.

They need a certain result – whether that be a not guilty verdict, whether that be a non-prison case, whether that be a probation case – whatever we determine, myself and my client by our strategy and by our talking about the right result in the case – that's what I'm going to try to get and knowing which prosecutors can interfere with that result is key when it comes to the defense of criminal cases in Los Angeles.

So, absolutely, the prosecutors can make a difference in what happens to a criminal defendant. They can make a difference in the charges. They can make a difference in the sentence, and they can just make a difference in how a person is treated in a criminal case. So, for me, I'm going to do everything I can to make sure that if it's a case that we're going to negotiate, we're going to negotiate and talk to a prosecutor who is going to be fair – who is going to at least keep an open mind about the case and about my client.

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If I can't get that, I'm going to try to switch it to another prosecutor or I'm going to go to the judge and say, judge, we need you to intervene in this case. We cannot come to a resolution. We don't think what the prosecutor is offering is fair.

You've got to be ready, willing and able to stand up to the prosecutors in these criminal cases, otherwise, a lot of times they're just going to bowl over your client and you're not going to get the result that's fair in your criminal case in Los Angeles.

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