A Redwood City DUI Attorney Discusses How Prosecution Views A Case

Posted on May 31, 2014

Prosecution The Prosecutor’s Stance

Whether or not your DUI case sees the inside of a courtroom can often depend on how well your attorney assesses the prosecution’s mindset. Your lawyer must find out if the opposition is determined to prosecute or is willing to consider negotiation and, if so, what terms it will require. In order to form a workable estimate of the opposition’s inclinations, your lawyer will observe, listen, and take note of the prosecutor’s history and current circumstances.

What the Prosecution is Saying

Your DUI lawyer can learn a lot by paying attention to what the prosecutor is saying and how he or she is saying it. Body language, facial expressions and other non-verbal indicators can shed a great deal of light, and not everyone has mastered the art of keeping a strict poker face. Further, if a DUI lawyer is perceptive and attentive, a prosecutor may be inclined to divulge a great deal about their estimation of the case.

What The Prosecution Is Doing

By researching how many motions, demands and interrogatories the prosecution is filing and how much investigation is actually being accomplished, your attorney can gather a fairly strong estimate of the prosecutor’s likelihood of taking the case to court. If the prosecution is interested in negotiating a settlement, extensive discovery is probably not taking place. If it is, however, the underlying reasoning should be your lawyer’s focus.

Other Factors

There are other circumstances surrounding the prosecution of which your lawyer should be aware. If the prosecutor’s caseload is very heavy or if prolonged or consecutive litigations have kept him or her extremely busy, the prosecutor may need some relief from the pressure. There could also be private or family considerations weighing on the prosecutor’s mind that could cause him or her to wish for some time away from the court. On the other hand, a prosecutor who has not seen much courtroom time may be highly motivated to prosecute in order to maintain his or her professional standing. All of this has a bearing on how the prosecution views your case and what actions your attorney may take in response.

Your First Line Of Defense

If you are involved in a DUI case and need representation, your Redwood City DUI attorney has the expertise you are seeking. Call Silveira Law at (415) 795-3890 and get the help you need today.