When facing Criminal Charges, everyone will, at some point, have an encounter with the Prosecutor.
Their official name varies from State to State, some are called District Attorneys or Assistant District Attorneys, others are called Commonwealth Attorneys, County Attorneys, etc.
In all cases, they all serve the same purpose for Criminal matters.
As a practicing Raleigh Criminal Lawyer and Durham Criminal Lawyer in North Carolina, I have had many interactions with Prosecutors.
Additionally, I was formally sworn in as an Assistant District Attorney in Harnett County, North Carolina.
Through all of this, I have seen many criminal Defendants not understand the roll that the Prosecutor has in their case.
This article will explain what roll the Prosecutor plays in your criminal case as well as some recommendations on how to handle them.
First, Prosecutors are the Opposing Counsel.
This needs to be stressed.
If court were a boxing match, the Prosecutor is the Boxer you are fighting.
Now, that being said, most Prosecutors are not bad people.
They are good attorneys whose job it is to zealously fight for the State, just as your Criminal Defense Attorney will zealously fight for your rights.
To understand this concept, it's best to understand the United States Criminal Justice System.
Our system is what is referred to as an 'adversarial proceeding.
' What this means is, each side presents it's best case, with their attorney arguing strongly for their side, and from this, a just result it suppose to be produced.
As you are likely aware, this is not always the case, however this is the system that the United States has come to trust.
Therefor, in this 'adversarial proceeding,' one side is not normally going to assist the other in their case.
This concept of an adversarial proceeding was addressed to better highlight the roll of the Prosecutor.
Since the Prosecutor is the Attorney for the Government, they are not there to assist you in the Defense of your case.
Prosecutors cannot, and will not, tell you whether you have a good defense, whether the plea deal they may offer you is good, or even how to proceed with your particular case.
In fact, there are Ethical Guidelines which prohibit the Prosecutor from offering any type of legal advice to the Defendant.
Additionally, because they are the Attorney representing the State, they will use whatever evidence they have to prosecutor your case.
Therefore, should you accidentally state something that is damaging to your case, they will likely use it in prosecuting you.
For this reason, a Defendant should have as little to no contact with the Prosecutor as possible.
This concept is best adhered to by hiring a Defense Attorney (or requesting a court-appointed attorney when available) to represent you in your case.
A Criminal Defense Attorney will know what to say, and more importantly what not to say, to the Prosecutor while handling your case.
Finally, Prosecutors are hard-working government employees.
In most cases, Prosecutors do not make a lot of money, work long hours, and are rarely thanked for their efforts.
As a former Prosecutor, I can tell you that the majority of interaction they have with the general public is negative and often Defendants' frustration with the criminal justice system is taken out on Prosecutors; this should not be done.
Their job, just like Police Officers, is not a personal matter, but a job in which it is their responsibility to prosecute the cases they are given with the resources they have available.
So, when you are having to wait in court for several hours before your case is heard, it's not because the Prosecutor likes to make you wait, it's because our justice system is over-burdened and under-funded such that there are normally not enough court personal to manage an efficient docket.
So, as a summation, a Defendant should not say anything about their case to a Prosecutor unless it is a procedural matter (do not review the facts of the case with the Prosecutor).
In almost all cases, if possible, it is to the Defendant's benefit to hire a criminal defense attorney to handle their case.
Lastly, try to limit in frustration you have with the court system from spilling over onto the Prosecutor.
These individuals are normally nice people who deserve your respect.