How Does a Former Prosecutor Make a Great Defense Lawyer

How Does a Former Prosecutor Make a Great Defense Lawyer

Facing criminal charges in any court can be daunting. Having a sharp criminal defense attorney is important for the best outcome. One way to ensure the best defense is to choose an attorney with previous experience as a prosecuting attorney. This gives the defendant an advantage in a variety of ways.

Strategy
As a prosecutor, lawyers have a distinct purpose when trying a case. They know that certain facts must be proven to gain a conviction. Anything that does not fit will not be used in hearings or at trial. By thinking like a prosecutor, the defense lawyer first lays out the case that will likely be presented against his client, then finds as many holes in it as possible. These factors can then be used to refute the prosecutors arguments and win the case for his client. This is also helpful in plea bargains. Knowing when something is offered or not offered is critical in determining how strong a case the prosecution thinks they have. This, too, helps in case preparation for the defendant.


Injustice
In criminal cases, the prosecutor is technically on the same side as the police. They must work together for a conviction. As a result, any mistakes or injustices made during an arrest or investigation are not presented in court. Aggressive defense lawyers will always look to see whether all procedures were followed by the police and investigators in a case. They know from experience that the prosecution will never point these out, even if they are discovered in case preparation. For example, if the Miranda Rights were read only in English to a person whose native language is Spanish, this can possibly be used to get evidence thrown out as an unfair practice against the accused. The savvy former prosecutor knows this is a potential defense that may help his client go free.

Guilt
It does not matter to a prosecutor whether the defendant is actually guilty or not. His job is to present evidence that will support the accusations. It is up to the jury or judge to decide the persons guilt or innocence. If there is enough evidence, the person will be convicted. It is the defense lawyers job to make sure that if his client is not guilty, that is proven. If the person is to be found not guilty, an experienced defense lawyer will be able to debunk the prosecutions case based on evidence, witnesses and facts to the contrary. He must prompt reasonable doubt in the minds of the judge and jury that will prompt a verdict of not guilty.


Witnesses
A former prosecutor knows the typical witness strategies used against someone accused of a crime. When defending a case, it is important to look at which witnesses are called by the other side and which are not. It is equally important to note what questions are asked and are not asked in court. A criminal defense lawyer with a pure defense background may not notice what is missing. Having prepared several witnesses for the other side in a past career, a former prosecutor-turned-defense attorney can use this background as an advantage.

In conclusion, using a former prosecuting attorney is helpful for the defendant, because the tricks and strategies used against his client are transparent. When the strategies are known, they are better defended. This gives the defendant a much better chance of being found not guilty or having a reduced sentence if they are found guilty of a crime.

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