Dealing With Aggressive Prosecutors in Criminal Cases
Posted by Ben Sessions | | Criminal Defense
My name is Ben Sessions. These videos are just informal chances for me to talk to you about issues that I believe are important in the defense of DUI and vehicular homicide cases. One of the most common issues that I address from other lawyers who ask me about how to handle things, are what to do whenever a prosecutors extremely aggressive, and really doesn’t want to, to let you deal with issues in your case. This is a common problem. I’d say. Well, it’s common, but it certainly is not the most common problem that we have. Most prosecutors I deal with are regular, nice, easygoing people. Every now and then you’ll run into someone, who is aggressive, who is overtly aggressive almost to the point of being insecure. And I tell people that usually those sounds of aggression are really just insecurities. Like with most defense lawyers, the most brazen among us are generally insecure in some aspect of their life, or in their practice, or in what it is they’re doing with that particular case.
Just this morning I dealt with a prosecutor who prompted this video. He was extremely aggressive about a case that was about four years old and wanted the case to go to trial immediately. Given that we had really meritorious pretrial motions that needed to be heard, what I encourage people to do is try to take a step back, just like your common sense would tell you and make sure that you are getting a hearing upon your pretrial motions. Don’t let someone who’s being overtly, aggressive, he’s being really, really pushy about the way that the case is going, override those motions, issues, that you need to get addressed. And that is really what they’re trying to do.
The older the case gets, it seems like the more issues that you have in terms of a plea and bar for constitutional speedy grounds, those types of issues, but [inaudible] of evidence that need to be addressed by the court prior to trial. And you need to make sure that you’re getting a hearing from your judge, and that you’re having an opportunity to hear those issues. If you’re not, then you’re just squandering really good opportunities through basically a bully’s actions. And, just take a step back, try to remain as calm as you can, but even if you can’t remain calm, make sure that you let the court know that you need to have those hearings. And don’t let them simply push you on to trial without litigating those issues fully.