Prosecution implies the role and significance of government in the entire criminal justice system. When there is a suspected criminal activity, it is very much government’s prerogative to arrest, investigate, charge or even bring the suspected offender to trial. Prosecutors are actually qualified lawyers working for the government and who are actually supposed to develop and present the case on behalf of the government against a defendant. Prosecutors are referred to as district attorneys, city attorneys or county attorneys. The prosecutor is supposed to be the adversary or opponent of the defendant and his attorney. The two sides are engaged in a legal battle and go to court to fight out the case.
Prosecutors are truly dedicated and all their energies are focused on the prosecution of the criminal. Prosecutors are bound to be experienced and should be having expertise in criminal law. So it is necessary for you to opt for a seasoned defense attorney if you wish to win the case. Only a widely experienced defense attorney could best preserve and uphold the rights of a criminal defendant as striking a fair balance is necessary for court. So you need to hire an experienced defense attorney especially, one who is knowledgeable and conversant with drunk driving. Browse through reputed sites such as http://www.thehoustondwilawyer.com/ for professional legal assistance in dismissing your DWI case.
Chief Decision Maker
Prosecutors are responsible for determining and deciding if a drunk driving case needs to be pursued in court or not. A prosecutor gets involved in a particular drunk driving case when the police refer the case to him after they have investigated, searched, arrested and processed a suspected offender. The prosecutor’s decision whether to go ahead with the case is dependent on three main factors. He would be determining if the case is actually legally sound, if it could be proved in the court of law and also all relevant policy considerations. It is within the jurisdiction of a prosecutor to decide whether to drop the case or go forward with the case. If he decides to drop the case and not go ahead, the case would be officially over.
The prosecutor needs to be convinced that there is adequate reliable evidence for proving the drunk driving before bringing the case to the court for trial. For instance, if for some reason the Breathalyzer® machine had malfunctioned or in case the test results were not registered, it is within the purview of the prosecutor to dismiss the case due to lack of crucial evidence.
The primary duty of the prosecutor is serving legal justice not just for winning the case but for the welfare of the public. Therefore, policy considerations play a pivotal role in the decision-making process regarding the prosecution of a particular defendant.
In the event of drunk driving cases, the prosecutors are supposed to represent the state, the county or the city. The complaint filing or indictment or some other relevant document filing by the prosecutor usually would start the case in the court. The prosecutor is present at the initial hearing of the defendant before a judge. He would be representing the government on issues such as bail. Suppose the prosecutor has no objection or issues regarding the release of the defendant before trial, bail would usually be granted.
The prosecutor is the representative of the government at trial and has to prove every aspect of the drunk driving charge obviously beyond doubt based on credible and relevant evidence obtained through competent witnesses’ testimony. The prosecutor may request or object to jury instructions.
Prosecutors have tremendous influence and power in DWI cases. They take the DWI case from the police and they effectively determine if the case could be pursued in the court of law. They are the representatives of the government and may recommend a sentence in case the defendant has been proved guilty beyond doubt. It is imperative on your part to choose a defense attorney who is specialized and reasonably experienced in DWI cases.
Author Bio: Jeremy Anderson has been an attorney specializing in DWI cases. He is currently a passionate blogger whose posts are really enlightening. He shares legal tips and secrets with his readers. He recommends reputed sites such as http://www.thehoustondwilawyer.com/ for legal assistance in DWI cases.