What Does Prosecution Think of Case

Posted on May 3, 2013

Lady Justice What is the prosecution’s intent regarding your case?

A DUI attorney realizes that a trial is not the end result of every DUI case. Therefore, it is important for your Redwood City DUI lawyer to be able to ascertain the prosecution’s intentions for your case, i.e., is the prosecution interested in settling your case or does it intend to take it to trial. If settlement is the intent, your attorney will want to know what price the prosecution is seeking.

Many times, by consciously looking for clues, your attorney can accurately approximate the intentions of the prosecution.

Looking at what the prosecution is doing

Simply looking at the prosecution’s actions will help determine what the prosecution is thinking. One important action the prosecution takes is the compilation of discovery. Your Redwood City DUI attorney knows that there is a reason behind a prosecutor who amasses a large amount of discovery with motions and demands. Often, that reason is to prepare for trial, since many lawyers believe that the foremost method of gathering information is through discovery. The prosecution will typically not expend the same amount of time and energy accumulating discovery for a case that they intend to settle.

Paying attention to the case dynamics

Trying to determine the dynamics of the case is another important way to read the clues given by the prosecution. How large a crowd does the case attract? Are the prosecutor’s thoughts dominated by pressing matters of a personal nature? Is the prosecutor tired and looking for respite having been continuously in trial for a couple of weeks? Perhaps just the opposite is true and the prosecutor is looking to keep his or her trial statistics up to date by pursuing a new trial. Your Redwood City DUI attorney knows that a drunk driving trial presents itself as an easy way for new prosecutors to put together an impressive trial resume.

Listening to what the prosecution is saying

Probably the easiest way to ascertain clues about the prosecution’s intentions is to simply listen to what the prosecutor says. Because many prosecutors believe that DUI cases tend to be “cut and dried,” they feel no need to be careful or reticent about what they say. Any DUI attorney willing to carefully listen may be able to determine the prosecution’s position regarding your case.

If you have been charged with a DUI and would like to speak with an experienced and knowledgeable Redwood City DUI lawyer about your case, please contact Silveira Law at (415) 795-3890 for a free initial consultation.