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The
Prosecutor's
Role in a Drunk Driving (DUI) Case in
San
Diego
Prosecution refers to the government's role in the criminal justice
system. When criminal activity is suspected, it is often up to the
government to investigate, arrest, charge, and bring the alleged
offender to trial. Prosecutors are the lawyers who work for the
government and who are responsible for developing and presenting the
government's case against a defendant. Prosecutors may be called
county attorneys, city attorneys, or district attorneys. The
prosecutor is the opponent or "adversary" of the criminal defendant
and his or her attorney; the two sides go head-to-head against each
other in court. Because these public attorneys focus their energies
on prosecuting criminal cases, they are generally very experienced
in criminal law, and it is therefore essential to have an
experienced defense attorney. Thus, in order to best preserve a
criminal defendant's rights and strike a fair balance in court,
representation by an experienced criminal defense attorney,
particularly one knowledgeable in drunk driving law, is a must.
Prosecutors Decide Whether to Pursue Drunk Driving (DUI) Cases in Court
A prosecutor becomes involved in a criminal case in one of two ways:
referral from the police who have investigated, arrested, searched,
and processed an alleged offender; or through a grand jury
proceeding. Drunk driving cases generally make their way to the
prosecutor via the police-the first method described. In making the
decision to go forward with a case, the prosecutor considers three
things: whether the case is legally sound, whether it can be proved,
and the relevant policy considerations. If the prosecutor decides
not to go forward with a case, the case will be over, no matter how
much any alleged victim or the police, or even the court, may want
the alleged offender prosecuted.
The prosecutor must be assured
that there is enough reliable evidence to prove the drunk
driving charge before he or she will bring the case to trial. In
other words, if the Breathalyzer machine was malfunctioning or
if the test
results were lost, the prosecutor
may decide to dismiss the case. Policy considerations are always
part of the decision to prosecute a particular defendant, because
the prosecutor's job is to serve justice in the public interest, not
only to win every possible case. The defendant might have mental or
physical problems that make pre-trial diversion, like alcohol or
drug treatment or a suspended prosecution, a better option than
trial. Finally, a prosecutor must consider the limited resources of
his or her office when choosing which crimes to pursue.
Prosecutors Represent the Government-the City, County, or State-in
Drunk Driving (DUI) Cases
The filing of a complaint or other official document by the
prosecutor officially starts the drunk driving court case. The
prosecutor appears at the defendant's initial hearing before a judge
to represent the government with regard to pre-trial release issues
like bail. If the prosecutor has no objection to the defendant's
release before trial, bail is usually allowed. At trial, the
prosecutor is allowed to go first and presents the government's case
against the defendant. The government must prove each element of the
drunk driving charge beyond a reasonable doubt, based on relevant,
credible evidence elicited through the testimony of competent
witnesses. In drunk driving cases, the arresting officer is
generally one of the key witnesses for the prosecution. The
prosecutor also participates in requesting or objecting to jury
instructions given by the judge at the end of the trial, although
jury trials are not available in all drunk driving cases. The
prosecutor may also be called on to defend the government's
sentencing recommendation, if there is a dispute over the sentence
to be imposed.
Conclusion
Prosecutors have a lot of power and influence in drunk driving
cases. They take the case from the police and decide whether to
pursue it in court, they represent the government in court and
pursue a conviction, and they may even recommend a sentence, if the
defendant is found guilty. Prosecuting criminal cases is what these
government lawyers do day in and day out. Accordingly, if you've
been charged with drunk driving, it is imperative that your lawyer
have the same or even greater skill and experience. Call an
experienced drunk driving and criminal defense attorney now.
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