Why would a prosecutor dismiss or reduce punishment in a case?
As a former prosecutor of almost 10 years, there are several possible reasons why a prosecutor may decide that criminal charges against a defendant should be dismissed or deserve reduced punishment. Some of the reasons include:
- The evidence they needed to prove guilt was suppressed by the judge (see above).
- The prosecutor learns that there is very strong evidence that the defendant is not guilty.
- The prosecutor learns that their evidence that the defendant IS guilty is not as strong as they thought.
- The defendant decides to cooperate with law enforcement against other defendants in exchange for having his own case reduced or dismissed. This happens only in a small percentage of cases.
Numbers 2 and 3, above, deserve some additional discussion. It has been observed by me that inadequate defense attorneys read the police reports and think they know what happened in their client’s case. Average defense attorneys read the police reports, then ask their client what happened, and after that, they think they know what happened in their client’s case. Good defense attorneys know that in most criminal cases they need to jump into the evidence and look for all of the evidence that the police either missed or willfully failed to mention in their reports. Contact the Law Offices of Mark Deniz now for a consultation at (858) 751-4384.
Getting a better offer
Convincing a prosecutor to dismiss a case because there is a very good chance they will lose in front of a jury is a beautiful thing. Prosecutors are often afraid to lose jury trials. The reason that prosecutors are afraid to lose jury trials is that prosecutors all work for a politician, who is elected and must stand for re-election. One of the things that these politicians love to brag about is their “win-loss” record. Any subordinate that brings down the office’s win-loss record may find themselves out of a job.
I do not want to be too simplistic. Everything I said above is 100% true. However, most of the attorneys who work in prosecution are dedicated public servants who work hard for the public good. Getting an offer from a prosecutor is a task because they are doing the right thing for the right reasons.
Make the notes for the prosecutor
A part of a comprehensive defense is to have a plan. The first step is to let the prosecutor know who your client is. If the charge is going to have an undue impact on their job and life, the prosecution will take that into consideration in most cases. This can be done with pictures, resumes, letters of recommendations, etc. You want to get this before the court date, which is why our office is dedicated to getting the ball rolling.
The next step is to craft a proactive plan for a client. This may consist of getting in classes early. It may have them completing volunteer work. Every case is unique and narrowing the issues of the case is key.
Finally, the key is to get evidence to unearth the case to find the issues that will rise. Most evidence is made up of men and machines, which make mistakes. The key is to alert these issues to the prosecution and tie into a defense theory. Contact the Law Offices of Mark Deniz now for a consultation at (858) 751-4384.
San Diego Defense Attorneys have a challenge in their cases because the prosecutors are very tough, diligent, and dedicated to their work. The key is to be proactive and has a proven when working with them. If someone believes that showing up to court and getting favor because they are a good person, then they are mistaken. There is no “good guy mulligan”. The prosecution dismisses and reduces charges because they acknowledge flaws in their case and determine resolution is the best course. Contact the Law Offices of Mark Deniz now for a consultation at (858) 751-4384.